High Speed Rail (London - West Midlands) Bill (HC Bill 1)

(e) in paragraph 9(1), the reference to a part of the land which includes
the part comprised in the general vesting declaration were to a part
of the land which includes the land over which the right or covenant
comprised in the declaration is proposed to be exercisable or
5enforceable, and

(f) any reference, in relation to the acquiring authority, to entering upon
or taking possession of land were to entering upon land for the
purpose of exercising the right acquired or enforcing the restrictive
covenant imposed.

Section 6

10SCHEDULE 10 Acquisition of part of land only

1 (1) The person to whom the notice to treat mentioned in section 6 is given (“the
owner”) may, within the period of 21 days beginning with the day on which
the notice is given, give the Secretary of State a counter-notice—

(a) 15objecting to the sale of the part (“the land subject to the notice to
treat”), and

(b) stating that he or she is willing and able to sell the whole (“the land
subject to the counter-notice”).

(2) If no counter-notice is given under sub-paragraph (1), the owner is required
20to sell the land subject to the notice to treat.

(3) If—

(a) a counter-notice is given under sub-paragraph (1), and

(b) the Secretary of State agrees to take the land subject to the counter-
notice,

25the notice to treat is to be deemed to be a notice to treat in addition for the
remainder of the land subject to the counter-notice.

(4) If—

(a) a counter-notice is given under sub-paragraph (1), and

(b) the Secretary of State does not agree to take the land subject to the
30counter-notice,

the question as to what land the owner is required to sell must be referred to
the Upper Tribunal.

2 (1) If, on a reference under paragraph 1(4), the Upper Tribunal determines that
the land subject to the notice to treat can be taken—

(a) 35without material detriment to the remainder of the land subject to
the counter-notice, and

(b) where the land subject to the notice to treat consists of or includes
garden only land, without seriously affecting the amenity and
convenience of the house to which the garden only land belongs,

40the owner is required to sell the land subject to the notice to treat.

(2) If, on such a reference, the Upper Tribunal determines that only part of the
land subject to the notice to treat can be taken as mentioned in sub-
paragraph (1), the notice to treat is to be deemed to be a notice to treat for
that part.

(3) If, on such a reference, the Upper Tribunal determines—

(a) that none of the land subject to the notice to treat can be taken
without material detriment to the remainder of the land subject to
the counter-notice, but

(b) 5that the material detriment is confined to part of the remainder of
that land,

then, except where sub-paragraph (4) applies, the notice to treat is to be
deemed to be a notice to treat in addition for the land to which the material
detriment is confined.

(4) 10If, in a case where the land subject to the notice to treat consists of or includes
garden only land, the Upper Tribunal determines on such a reference that
none of the land subject to the notice to treat can be taken without seriously
affecting the amenity or convenience of the house to which the garden only
land belongs, the notice to treat is to be deemed to be a notice to treat in
15addition for the remainder of the land subject to the counter-notice.

(5) If, on such a reference, the Upper Tribunal determines—

(a) that none of the land subject to the notice to treat can be taken
without material detriment to the remainder of the land subject to
the counter-notice, and

(b) 20that the material detriment is not confined to part of the remainder
of that land,

the notice to treat is to be deemed to be a notice to treat in addition for the
remainder of the land subject to the counter-notice.

(6) For the purposes of this paragraph, the land subject to the notice to treat
25consists of or includes “garden only land” if—

(a) it consists of the whole part or part of a park or garden belonging to
a house, or

(b) it includes the whole or part of such a park or garden but does not
include the house or any part of it.

3 (1) 30Where under paragraph 2 a notice to treat is deemed by virtue of a
determination of the Upper Tribunal to be a notice to treat for less land or
more land than that specified in the notice, the Secretary of State may, within
the period of 6 weeks beginning with the day on which the determination is
made, withdraw the notice.

(2) 35If the Secretary of State withdraws a notice to treat under sub-paragraph (1),
the Secretary of State must pay the person to whom the notice was given
compensation for any loss or expense occasioned to that person by the
giving and withdrawal of the notice; and in case of dispute, such
compensation is to be determined by the Upper Tribunal.

(3) 40Where under paragraph 1 or 2 a person is required to sell part only of a
house, building or manufactory or of land consisting of a house with a park
or garden, the Secretary of State must pay the person compensation for any
loss sustained by the person due to the severance of that part in addition to
the value of the interest acquired.

(4) 45A notice to treat has the effect which it is deemed to have under paragraph
1(3) or paragraph 2(3), (4) or (5) whether or not the additional land is, apart
from that provision, land which the Secretary of State is authorised to
acquire compulsorily under this Act.

Section 8

SCHEDULE 11 Land with restrictions relating to surface acquisition

Restriction of power of compulsory acquisition to land under the surface

1 In the case of land specified in the following table, the power under section
54(1) may be exercised only in relation to so much of the subsoil or under-
surface of the land as lies more than 9 metres below the level of the surface.

Restriction of power of compulsory acquisition to land under the surface or rights of passage

2 (1) In the case of land specified in the following table, the power under section
4(1) may be exercised only in either or both of the following ways—

(a) 60in relation to so much of the subsoil or under-surface of the land as
lies more than 9 metres below the level of the surface;

(b) so as to acquire rights of passage.

(2) In this paragraph, “rights of passage” means easements or other rights over
land for the passage of persons or vehicles (with or without materials, plant
65and machinery) for Phase One purposes.

70Supplementary

3 (1) Paragraphs 1 and 2 are subject to any power to impose restrictive covenants
by virtue of section 5(2).

(2) Paragraphs 1 and 2 do not restrict the exercise of the power under section
4(1) in relation to a cellar, vault, arch or other construction in, on or under a
75highway which forms part of a building fronting on to the highway where—

(a) the building is within the Act limits, and

(b) the power under section 4(1) is exercisable in relation to the building.

Section 9

SCHEDULE 12 Highways: restrictions on powers to use subsoil and acquire land

Section 10

SCHEDULE 13 140Right to require acquisition where time limit extended

1 (1) If the Secretary of State makes an order under section 10(2), the following
provisions have effect as from the coming into force of the order.

(2) Those provisions do not apply to any subsoil or under-surface of land
required only for the construction of a work at a level more than 9 metres
145below the level of the surface of the land.

2 (1) Sub-paragraph (2) applies if a person with a qualifying interest in any of the
land in relation to which the order is made gives notice to the Secretary of
State (a “relevant notice”) that the person desires his or her interest in such
of that land as is specified in the notice to be acquired by the Secretary of
150State.

(2) The Secretary of State must, within 3 months immediately following receipt
of the relevant notice—

(a) enter into an agreement with the person for the acquisition of the
person’s interest in the whole or part of the land specified in the
155notice,

(b) exercise the applicable compulsory acquisition powers in respect of
the person’s interest in the whole or part of that land, or

(c) give the person notice of the Secretary of State’s intention not to
proceed with the purchase of the person’s interest in any of that land.

(3) 160For the purposes of sub-paragraph (1) a person has a “qualifying interest” in
land if the person is the owner or lessee of the land.

3 (1) Where a person gives the Secretary of State a relevant notice and the
Secretary of State—

(a) fails to comply with the requirements of sub-paragraph (2) of
165paragraph 2,

(b) withdraws a notice to treat served in compliance with paragraph (b)
of that sub-paragraph, or

(c) gives the person a notice under paragraph (c) of that sub-paragraph,

the applicable compulsory acquisition powers cease to be exercisable in
170respect of that person’s interest in any of the land specified in the relevant
notice.

(2) Where—

(a) a person gives the Secretary of State a relevant notice, and

(b) the Secretary of State acquires in pursuance of paragraph 2(2)(a) or
(b) the person’s interest in some, but not all, of the land specified in
the notice,

the applicable compulsory acquisition powers cease to be exercisable in
5respect of that person’s interest in the remainder of that land.

4 (1) References in this Schedule to the “applicable compulsory acquisition
powers” are to—

(a) the power to serve a notice to treat under Part 1 of the Compulsory
Purchase Act 1965, as applied by section 4(3) to the acquisition of
10land under section 4(1), and

(b) the power to execute a declaration under section 4 of the
Compulsory Purchase (Vesting Declarations) Act 1981, as applied by
section 4(4) to the acquisition of land under section 4(1).

(2) In this Schedule—

• 15“lessee” means a person who holds an interest under a lease which has
  at least 21 years to run at the date of the giving of a relevant notice by
  that person;

• “owner”, in relation to land, means a person, other than a mortgagee
  not in possession, who is for the time being entitled to dispose of the
  20fee simple of the land, whether in possession or reversion.

Section 11

SCHEDULE 14 Extinction of rights over land

Land to which Schedule applies

1 This Schedule applies to—

(a) 25land within the Act limits which is held by the Secretary of State for
Phase One purposes, and

(b) land within the Act limits in relation to which the Secretary of State
has acquired a right (whether by creating a new right or acquiring an
existing right) or imposed a restrictive covenant for Phase One
30purposes.

Private rights

2 (1) All private rights over land within paragraph 1(a) are extinguished at the
appropriate time.

(2) All private rights over land within paragraph 1(b) are extinguished at the
35appropriate time, so far as the continuance of those rights would be
inconsistent with the exercise of the right acquired or the restrictive
covenant imposed.

(3) In this Schedule, “private rights” include—

(a) private rights of way over land,

(b) 40rights of common,

(c) easements, liberties, privileges, rights or advantages annexed to land
and adversely affecting other land, including any natural right to
support, and

(d) restrictions as to the user of land arising under a contract.

(4) Where the power under section 11(1) of the Compulsory Purchase Act 1965
(power of entry following notice to treat) is exercised in the case of land
within paragraph 1(a) or (b), sub-paragraph (1) or (2) (as the case may be)
5has effect in relation to rights of common over the land notwithstanding
anything in Schedule 4 to that Act (which preserves rights of common over
land until payment of compensation).

3 (1) The Secretary of State may, in relation to a private right, direct—

(a) that paragraph 2 does not apply to the right, or

(b) 10that paragraph 2 applies to the right only to the extent specified in
the direction.

(2) A direction under sub-paragraph (1) must be given before the appropriate
time.

(3) Paragraph 2 does not apply to—

(a) 15a right over land which, were the land held otherwise than by the
Secretary of State, would not be capable of being acquired under
section 4(1), or

(b) a right to which section 271 or 272 of the Town and Country Planning
Act 1990 (extinguishment of rights of statutory undertakers etc)
20applies (and see section 12 as to the application of those sections).

4 (1) Any person who suffers loss by the extinction of a private right under
paragraph 2 is entitled to be compensated by the nominated undertaker.

(2) Any dispute as to a person’s entitlement to compensation under this
paragraph, or as to the amount of compensation, must be determined under
25and in accordance with Part 1 of the Land Compensation Act 1961.

(3) This paragraph does not apply where compensation in respect of rights of
common is payable under Schedule 4 to the Compulsory Purchase Act 1965.

General rights

5 (1) All general rights over land within paragraph 1(a) are extinguished at the
30appropriate time.

(2) All general rights over land within paragraph 1(b) are extinguished at the
appropriate time, so far as the continuance of those rights would be
inconsistent with the exercise of the right acquired or the restrictive
covenant imposed.

(3) 35In this Schedule, references to “general rights” over land are to—

(a) rights to access land (however expressed) which are exercisable as a
result of section 2(1) of the Countryside and Rights of Way Act 2000
or an enactment mentioned in section 15 of that Act,

(b) other public rights over land which are conferred by an enactment,
40and

(c) rights exercisable as a result of trusts or incidents to which a
common, town or village green, open space or allotment is subject.

6 (1) The Secretary of State may, in relation to a general right, direct—

(a) that paragraph 5 does not apply to the right, or

(b) that paragraph 5 applies to the right only to the extent specified in
the direction.

(2) A direction under sub-paragraph (1) must be given before the appropriate
time.

5Meaning of “the appropriate time”

7 (1) References in this Schedule to “the appropriate time” are to be read as
follows.

(2) In the case of—

(a) land held immediately before the day on which this Act is passed, or

(b) 10land which, immediately before that day, was land in relation to
which a right had been acquired or a restrictive covenant had been
imposed,

the appropriate time is the end of the period of 14 days beginning with that
day.

(3) 15In the case of—

(a) land acquired on or after the day on which this Act is passed, or

(b) land in relation to which a right has been acquired or a restrictive
covenant has been imposed on or after that day,

the appropriate time is the time of acquisition or (in the case of a restrictive
20covenant) imposition.

(4) Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to
land or a right acquired compulsorily or to a restrictive covenant imposed
compulsorily).

(5) Where the power under section 11(1) of the Compulsory Purchase Act 1965
25has been exercised in relation to the land, the appropriate time is—

(a) the time of entry under that provision, or

(b) in the case of the acquisition of a right or the imposition of a
restrictive covenant, the time when the power to enter the land for
the purpose of exercising the right or enforcing the covenant
30becomes exercisable under that provision (as modified in accordance
with paragraph 2(6) of Schedule 9).

(6) Where a declaration under section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981 has been made in relation to the land, the appropriate
time is the vesting date (within the meaning of that Act).

35Amendments to registers of common land or town or village greens

8 (1) This paragraph applies where—

(a) the Secretary of State acquires land within the Act limits for Phase
One purposes, or

(b) the Secretary of State acquires a right, or imposes a restrictive
40covenant, over land within the Act limits.

(2) The Secretary of State must notify the commons registration authority of the
acquisition or (in the case of a restrictive covenant) imposition if it relates
to—

(a) land registered in a register of common land as common land,

(b) land registered in a register of town or village greens as a town or
village green, or

(c) a right of common registered in relation to land within paragraph (a)
or (b).

(3) 5A notice under sub-paragraph (2) must include—

(a) a copy of this Schedule,

(b) a copy of the instrument by which the acquisition or imposition was
effected,

(c) the number of the register unit and (where applicable) the number of
10the rights section entry in the register of common land or of town or
village greens to which the notice relates, and

(d) a description of the amendment required to the register in question
in consequence of the acquisition or imposition.

(4) Sub-paragraph (5) applies where, in connection with the acquisition or
15imposition—

(a) other land is given in exchange, or

(b) other land is to be made subject to a right of common equivalent to a
right of common extinguished by virtue of paragraph 2.

(5) The notice under sub-paragraph (2) must contain—

(a) 20details of the land being given or the right of common being granted,
and

(b) an application for (as the case may be)—

(i) the registration of the land as common land or as a town or
village green, or

(ii) 25the registration of the right being granted.

(6) The commons registration authority must make such amendments as may
be necessary to a register in consequence of sub-paragraph (2) (including
any amendments necessary in consequence of sub-paragraph (5)).

(7) Nothing in—

(a) 30regulations under section 14 of the Commons Act 2006, or

(b) regulations under section 13 of the Commons Registration Act 1965,

applies to an acquisition or imposition mentioned in sub-paragraph (1).

Interpretation

9 In this Schedule—

(a) 35references to section 11(1) of the Compulsory Purchase Act 1965 are
to that provision as applied by section 4(3) of this Act to the
acquisition of land under section 4(1) of this Act;

(b) references to section 4 of the Compulsory Purchase (Vesting
Declarations) Act 1981 are to that section as applied by section 4(4) of
40this Act to the acquisition of land under section 4(1) of this Act;

(c) “right of common” has the same meaning as in the Commons Act
2006.

Section 14

SCHEDULE 15 Temporary possession and use of land

Part 1 Temporary possession for construction of works

5Right to enter upon and take possession of land

1 (1) The nominated undertaker may enter upon and take possession of the land
specified in the table in Part 4 of this Schedule—

(a) for the purpose specified in relation to the land in column (3) of the
table in connection with the authorised works specified in column (4)
10of the table,

(b) for the purpose of constructing such works as are mentioned in
column (5) of the table in relation to the land, or

(c) otherwise for Phase One purposes.

(2) The nominated undertaker may (subject to paragraph 2(1)) enter upon and
15take possession of any other land within the Act limits for Phase One
purposes.

(3) The reference in sub-paragraph (1)(a) to the authorised works specified in
column (4) of the table includes a reference to any works which are necessary
or expedient for the purposes of or in connection with those works.

20Exceptions

2 (1) Paragraph 1(2) does not apply in relation to—

(a) land which is subject to a restricted power of compulsory
acquisition,

(b) land in respect of which a notice of entry has been served under
25section 11 of the Compulsory Purchase Act 1965 (as applied by
section 4(3) to the acquisition of land under section 4(1)), other than
in connection with the acquisition of rights or subsoil only or the
imposition of a restrictive covenant, or

(c) land in respect of which a declaration has been made under section
304 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as
applied by section 4(4) to the acquisition of land under section 4(1)),
other than in connection with the acquisition of rights or subsoil only
or the imposition of a restrictive covenant.

(2) The power under section 4(1) (power to acquire land compulsorily) is not
35exercisable in relation to land specified in the table in Part 4 of this Schedule.

(3) But sub-paragraph (2) does not apply in relation to land specified in the table
to the extent (if any) that—

(a) the land is subject to a restricted power of compulsory acquisition, or

(b) there is power by virtue of section 5(2) to impose restrictive
40covenants over the land.

(4) For the purposes of this Schedule, land is subject to a restricted power of
compulsory acquisition if the power under section 4(1) may be exercised in
relation to the land only—

(a) so as to acquire rights relating to the land (see section 5(3)),

(b) so as to acquire the subsoil or under-surface of the land or so as to
acquire rights of passage over the land (see paragraphs 1 and 2 of
Schedule 11),

5(ignoring any power by virtue of section 5(2) to impose restrictive covenants
over the land).

Powers exercisable on land of which temporary possession has been taken

3 (1) Where under paragraph 1(1) or (2) the nominated undertaker has entered
upon and taken possession of land, the nominated undertaker may, for the
10purposes of or in connection with the construction of the works authorised
by this Act—

(a) remove any structure or vegetation from the land,

(b) construct such works as are mentioned in relation to the land in
column (5) of the table in Part 4 of this Schedule,

(c) 15construct temporary works (including the provision of means of
access) and structures on the land, and

(d) construct landscaping and other works on the land to mitigate any
adverse effects of the construction, maintenance or operation of the
works authorised by this Act.

(2) 20The other works referred to in sub-paragraph (1)(d) include works involving
the planting of trees and shrubs and the provision of replacement habitat for
wild animals.

(3) In this paragraph, “structure” includes any erection.

Procedure and compensation

4 (1) 25Not less than 28 days before entering upon and taking possession of land
under paragraph 1(1) or (2), the nominated undertaker must give notice to
the owners and occupiers of the land of its intention to do so.

(2) The nominated undertaker may not, without the agreement of the owners of
the land, remain in possession of land under paragraph 1(1) or (2) after the
30end of the period of one year beginning with the date of completion of the
work for which temporary possession of the land was taken.

(3) Sub-paragraph (2) does not apply, in the case of land mentioned in
paragraph 1(2), if before the end of the one-year period either of the
following powers has been exercised in relation to the land—

(a) 35the power to serve a notice to treat under Part 1 of the Compulsory
Purchase Act 1965 (as applied by section 4(3) of this Act to the
acquisition of land under section 4(1));

(b) the power to execute a declaration under section 4 of the
Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by
40section 4(4) of this Act to the acquisition of land under section 4(1)).

(4) The nominated undertaker must pay compensation to the owners and
occupiers of land of which possession is taken under paragraph 1(1) or (2)
for any loss which they may suffer by reason of the exercise in relation to the
land of the power or powers under that paragraph.