Session 2015-16
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1

 

House of Commons

 
 

Tuesday 1 March 2016

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 28, NC23-NC38

 

High Speed Rail (London - West Midlands) Bill,


 

As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order to be proposed by Mr Robert Goodwill.

 


 

Mr Robert Goodwill

 

To move, That the Bill be considered in the following order, namely, Clause 1,

 

Schedule 1, Clause 2, Schedules 2 and 3, Clause 3, Schedule 4, Clause 4, Schedules 5 and

 

6, Clause 5, Schedules 7 to 9, Clause 6, Schedule 10, Clauses 7 and 8, Schedule 11, Clause

 

9, Schedule 12, Clause 10, Schedule 13, Clause 11, Schedule 14, Clause 12, Schedule 15,

 

Clauses 13 to 15, Schedule 16, Clauses 16 to 20, Schedule 17, Clauses 21 to 25, Schedule

 

18, Clause 26, Schedule 19, Clause 27, Schedule 20, Clauses 28 to 32, Schedule 21,

 

Clause 33, Schedules 22 and 23, Clause 34, Schedule 24, Clause 35, Schedule 25, Clause

 

36, Schedule 26, Clause 37, Schedule 27, Clauses 38 to 41, Schedule 28, Clause 42,

 

Schedule 29, Clauses 43 to 45, Schedule 30, Clause 46, Schedule 31, Clause 47, Schedule

 

32, Clauses 48 to 68, new Clauses, new Schedules, remaining proceedings on the Bill.

 


 

Mr Robert Goodwill

 

That, if proceedings on the High Speed Rail (London - West Midlands) Bill are not

 

completed at this day’s sitting, the Committee do meet—

 

  (a) on Tuesdays when the House is sitting at 9.25am and 2.00pm; and

 

(b) on Thursdays when the House is sitting at 11.30am and 2.00pm.

 



 
 

Public Bill Committee: 1 March 2016                     

2

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

Mrs Cheryl Gillan

 

1

 

Clause  1,  page  1,  line  4,  after “1,” insert “subject to subsections 1A, 1D, 1G, 1I, 1O

 

and 1T”

 

Member’s explanatory statement

 

This amendment seeks to prevent any surface railway route through The Chilterns Area of

 

Outstanding Natural Beauty and ensure that any railway within the AONB be built in a fully-bored

 

tunnel.

 

Mrs Cheryl Gillan

 

2

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1A)    

The nominated undertaker shall not exercise powers granted under section 1 to

 

construct a surface railway route within the boundaries of The Chilterns Area of

 

Outstanding Natural Beauty (Chilterns AONB).

 

(1B)    

Any railway constructed as part of Phase One of High Speed 2 and within the

 

boundaries of the Chilterns AONB shall be built as an extension to the bored

 

tunnel in this area, which is planned through the works specified in Schedule 1 of

 

this Act.

 

(1C)    

In this section, the Chilterns AONB shall mean the area of outstanding natural

 

beauty designated within the Chilterns under section 82(1) of the Countryside and

 

Rights of Way Act 2000.”

 

Member’s explanatory statement

 

This amendment seeks to prevent any surface railway route through The Chilterns Area of

 

Outstanding Natural Beauty and ensure that any railway within the AONB be built in a fully-bored

 

tunnel.

 

Mrs Cheryl Gillan

 

4

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1D)    

The nominated undertaker shall not exercise powers granted under section 1 to

 

build a surface railway route within the boundaries of The Chilterns Area of

 

Natural Beauty (Chilterns AONB).

 

(1E)    

To fulfil railway construction requirements for Phase One of High Speed 2 within

 

this area, the nominated undertaker shall pursue an extension of the bored tunnel

 

which is planned through works specified in this Schedule, via a Transport and

 

Works Act order as provided for in section 52 of this Act.

 

(1F)    

In this section, the Chilterns AONB shall mean the area of outstanding natural

 

beauty designated within the Chilterns under section 82(1) of the Countryside and

 

Rights of Way Act 2000.”

 

Member’s explanatory statement

 

This amendment seeks to prevent any surface railway route through The Chilterns Area of

 

Outstanding Natural Beauty and require the nominated undertaker to pursue an extension of the

 

existing bored tunnel outside of this legislation.

 

Mrs Cheryl Gillan

 

5

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1G)    

Any railway constructed as part of Phase One of High Speed 2 and within the

 

boundaries of the Chilterns AONB shall, between South Heath and Leather Lane,

 

east of the A413 Aylesbury Road in Buckinghamshire, be built within bored

 

tunnel.


 
 

Public Bill Committee: 1 March 2016                     

3

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

(1H)    

The works referred to in subsection (1G) shall be pursued by means of a Transport

 

and Works Act order.”

 

Member’s explanatory statement

 

This amendment would seek to provide partial further protection of the Chilterns AONB by

 

extending the bored tunnel northward from South Heath for a further mile.

 

Mrs Cheryl Gillan

 

6

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1I)    

The nominated undertaker shall not exercise powers to commence any works

 

specified in this Schedule, or any other construction works connected to Phase

 

One of High Speed Rail 2, until a cost benefit analysis of the environmental

 

impacts of such works has been completed.

 

(1J)    

The cost benefit analysis must include, but shall not be restricted to, an

 

assessment of the environmental impacts of Phase One of High Speed Rail 2 and

 

connected construction works in The Chilterns Area of Outstanding Natural

 

Beauty.

 

(1K)    

The cost benefit analysis shall be undertaken by a review panel, the membership

 

of which must include, but shall not be restricted to, representatives from—

 

(a)    

Buckinghamshire County Council,

 

(b)    

Chiltern District Council,

 

(c)    

Aylesbury Vale District Council,

 

(d)    

Wycombe District Council,

 

(e)    

The Chilterns Conservation Board,

 

(f)    

Natural England,

 

(g)    

Environment Agency,

 

(h)    

Key community groups,

 

(i)    

HS2 Ltd, and

 

(j)    

The Department for Transport.

 

    

The panel shall be funded and facilitated by the nominated undertaker.

 

(1L)    

Within twelve weeks after the date on which this Act comes into force the Panel

 

must report its conclusions and recommendations to the Secretary of State.

 

(1M)    

If the Secretary of State rejects any recommendation made by the panel he must—

 

(a)    

make publicly available its reasons for doing so, and

 

(b)    

demonstrate how any environmental cost that would have been addressed

 

by the rejected recommendation will otherwise be mitigated.

 

(1N)    

Any deviation from works specified in this Schedule required as a result of the

 

panel’s recommendations shall be pursued via a Transport and Works Act order,

 

as provided for in section 52 of this Act.”

 

Member’s explanatory statement

 

This amendment seeks to make progress of any construction works connected to Phase One of

 

High Speed Rail 2 conditional on the completion of an environmental cost benefit analysis.

 

Mrs Cheryl Gillan

 

7

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1O)    

The nominated undertaker shall not exercise powers to commence any works

 

specified in this Schedule, or any other construction works connected to Phase

 

One of High Speed Rail 2, until a full reassessment of tunnelling methodology as

 

applied to an extended bored tunnel under The Chilterns Area of Outstanding

 

Natural Beauty, has been completed.


 
 

Public Bill Committee: 1 March 2016                     

4

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

(1P)    

The reassessment shall be conducted by a panel of experts and other relevant

 

parties, to be appointed, funded and facilitated by the nominated undertaker.

 

(1Q)    

Within twelve weeks of this Act coming into force, the panel must report its

 

conclusions and any recommendations to HS2 and the Secretary of State.

 

(1R)    

If the Secretary of State rejects any recommendation made by the panel he must—

 

(a)    

make publicly available its reasons for doing so, and

 

(b)    

provide a cost benefit analysis of any alternative proposal to that

 

recommended by the panel.

 

(1S)    

Any deviation from works specified in this Schedule required as a result of the

 

panel’s recommendations shall be pursued through a Transport and Works Act

 

order, as provided for in section 52 of this Act.”

 

Member’s explanatory statement

 

This amendment would make progress of any works connected to Phase One of High Speed Rail 2

 

conditional on the completion of a reassessment of tunnelling methodology for an extended bored

 

tunnel under part of The Chilterns Area of Outstanding Natural Beauty.

 

Mrs Cheryl Gillan

 

8

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1T)    

The nominated undertaker shall not exercise powers to commence any works

 

specified in this Schedule, or any other construction works connected to Phase

 

One of High Speed Rail 2, until a full assessment of traffic management

 

requirements has been completed.

 

(1U)    

The assessment shall be conducted by a panel of experts and other relevant

 

parties, to be appointed, funded and facilitated by HS2 Ltd.

 

(1V)    

Within sixteen weeks of this Act coming into force the panel must report its

 

conclusions to the Secretary of State. The report must include but shall not be

 

limited to—

 

(a)    

a full assessment of traffic management requirements consequential to

 

any works specified in this Schedule, and

 

(b)    

detailed proposals outlining how such requirements shall be addressed.”

 

Member’s explanatory statement

 

This amendment would make progress of any works connected to Phase One of High Speed Rail 2

 

conditional on the completion of an assessment of traffic management requirements and

 

implementation of solutions to address such requirements.

 


 

Andy McDonald

 

10

 

Clause  4,  page  3,  line  12,  at end insert—

 

“(6)    

When land is acquired under subsection (1), and is not otherwise specifically

 

authorised under this Act, the Secretary of State must lay a report before

 

Parliament setting out the reason for the acquisition before Parliament, and any

 

such report must then also be published on the nominated undertaker’s website

 

within 5 working days.”

 

Member’s explanatory statement

 

If the Secretary of State compulsorily acquires land under subsection (1), and this is not otherwise

 

specifically authorised under this Act, this amendment would require him to lay a report before


 
 

Public Bill Committee: 1 March 2016                     

5

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

Parliament setting out the reasons for the acquisition and publish the report on the website of the

 

nominated undertaker within 5 working days.

 


 

Andy McDonald

 

11

 

Clause  14,  page  7,  line  8,  at end insert—

 

“(3A)    

Nothing in this section shall prevent the nominated undertaker, or other owners

 

of railway stations, from establishing any new right of way within or over railway

 

stations that are used for Phase One purposes.”

 

Member’s explanatory statement

 

This amendment would provide that Clause 14 shall not prevent the nominated undertaker or other

 

owners of railway stations from establishing new rights of ways within or over railways stations

 

used for Phase One purposes.

 


 

Andy McDonald

 

12

 

Clause  16,  page  7,  line  19,  leave out “the end of five years beginning with”

 

Member’s explanatory statement

 

This amendment would remove the power of the nominated undertaker to use specified roads for

 

the passage of persons or vehicles for five years after Phase One is brought into general use.

 


 

Andy McDonald

 

13

 

Clause  20,  page  9,  line  14,  at end insert—

 

“(d)    

No works that are not scheduled works under this Act may be undertaken

 

until the Secretary of State has published guidelines on how

 

developments will be assessed as likely to have significant effects on the

 

environment for the purposes of subsection (2)(a).”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to publish guidelines on how developments

 

will be assessed as to whether they are likely to have significant effects on the environment.

 


 

Andy McDonald

 

14

 

Clause  21,  page  9,  line  30,  after “by order” insert “by up to a further 5 years”

 

Member’s explanatory statement

 

Under clause 21 planning permission for a scheduled work to be undertaken is valid for 10 years,


 
 

Public Bill Committee: 1 March 2016                     

6

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

unless the Secretary of State extends the period under subsection (2) by a statutory instrument. This

 

amendment would limit each extension to a further five years.

 


 

Andy McDonald

 

15

 

Clause  23,  page  11,  line  29,  at end, insert “where the meaning of the expression

 

‘short-term’ shall not extend to stays of more than 12 hours”

 

Member’s explanatory statement

 

Clause 23 allows for the creation of up to 7,500 parking spaces but this limit on spaces does not

 

apply to short-term parking. This amendment defines short-term parking as being parking for a

 

period of 12 hours or less.

 


 

Andy McDonald

 

16

 

Clause  29,  page  12,  line  28,  at end insert—

 

“(d)    

The ownership of any public space which was previously owned by a

 

public body and which is acquired by the nominated undertaker or the

 

Secretary of State for Phase One purposes, and is subsequently returned

 

to use as public space, must be transferred to a public body when that

 

public space is no longer required for Phase One purposes.

 

(e)    

For the purposes of subsection (d), a public body is a local authority, the

 

Greater London Authority, Transport for London or any Metropolitan

 

County Transport Authority.”

 

Member’s explanatory statement

 

This amendment requires the ownership of any public space which was previously owned by a

 

public body and which is acquired by the nominated undertaker or Secretary of State for Phase

 

One purposes, and which is then subsequently returned to use as a public space, to be transferred

 

to a public body when the space is no longer required.

 


 

Mrs Cheryl Gillan

 

9

 

Clause  31,  page  13,  line  30,  at end insert—

 

“(6)    

The Secretary of State shall, within one year of Royal Assent, consult on and

 

prepare plans for the undergrounding of all overhead power lines in the Chilterns

 

Area of Outstanding Natural Beauty over a height of 15m, and shall within one

 

year thereafter introduce legislation or alternative regulatory measures (to the

 

extent such measures are required) to permit such undergrounding to take place

 

by the end of 2020.


 
 

Public Bill Committee: 1 March 2016                     

7

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

(6A)    

In this section, “Chilterns Area of Outstanding Natural Beauty” shall mean the

 

area of outstanding natural beauty in the Chilterns designated under section 82(1)

 

of the Countryside and Rights of Way Act 2000.”

 

Member’s explanatory statement

 

This amendment is intended to compensate for the physical effects of the railway in the Chilterns

 

AONB by removing existing obtrusive and unappealing infrastructure.

 


 

Andy McDonald

 

17

 

Clause  40,  page  15,  line  7,  after “discontinuance which the Secretary of State,”

 

insert “reasonably”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to reach a ‘reasonable’ decision on closures,

 

which could be challenged under this act if not reached reasonably.

 

Andy McDonald

 

18

 

Clause  40,  page  15,  line  8,  leave out from “expedient” to “High Speed 2” and insert

 

“in relation to the Northolt and Acton Line (also known as the Wycombe Single Line).”

 

Member’s explanatory statement

 

This amendment would limit the Secretary of State’s powers to close any line or station and restrict

 

it to the Northolt and Acton Line (also known as the “Wycombe Single Line”).

 

Andy McDonald

 

20

 

Clause  40,  page  15,  line  10,  at end insert—

 

“(1A)    

If the Secretary of State makes a direction under subsection (1), he must make a

 

written statement to Parliament within 28 days, setting out his reasons for making

 

such a direction.”

 

Member’s explanatory statement

 

If the Secretary of State makes a direction under subsection (1), this amendment requires the

 

Secretary of State to make a written statement to Parliament within 28 days, setting out the

 

rationale for his decision.

 

Andy McDonald

 

19

 

Clause  40,  page  15,  line  15,  leave out “sections 29 to 31 (discontinuance of use or

 

operation of stations),”

 

Member’s explanatory statement

 

This amendment would remove the station closure powers in this Clause.

 


 

Andy McDonald

 

21

 

Clause  45,  page  17,  line  33,  at end insert—

 

“(2)    

If property or rights are transferred from HS2 Limited or a wholly-owned

 

subsidiary of HS2 Ltd to any body that is not a public body as defined by section


 
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Revised 01 March 2016