Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Wednesday 23 March 2016

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

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withdrawn amendments at the end.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 Business of the House (High Speed Rail (London - West

 

Midlands) Bill) Motion to be moved by Secretary Patrick McLoughlin.

 


 

New Clauses, New Schedules and amendments relating to economic and

 

financial issues including compensation and railway ownership

 

Mr Robert Goodwill

 

Andy McDonald

 

Mr Steve Baker

 

Lilian Greenwood

 

Antoinette Sandbach

 

NC19

 

To move the following Clause—

 

         

“Vocational qualifications

 

(1)    

The Secretary of State must prepare a report on vocational qualifications obtained

 

in each financial year in connection with HS2 construction.

 

(2)    

Each such report must contain an account of vocational qualifications gained by

 

individuals employed in constructing the network referred to in section 1(1), in

 

preparing for such construction, and in connected and ancillary activities, broken

 

down by type of qualification and activity.

 

(3)    

Each such report must contain an overall assessment of the costs of vocational

 

training for relevant qualifications and by whom such costs were incurred.


 
 

Consideration of Bill (Report Stage): 23 March 2016        

2

 

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

 
 

(4)    

In this section, “financial year” means—

 

(a)    

the period beginning with the day on which this Act is passed and ending;

 

(b)    

each subsequent period of 12 months.

 

(5)    

The Secretary of State must lay each report under this section before Parliament

 

as soon as is reasonably practicable after the end of the financial year to which it

 

relates.”

 


 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

Antoinette Sandbach

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC1

 

To move the following Clause—

 

         

“Reimbursement of local authorities for expenses and lost business rate

 

revenue resulting from HS2

 

(1)    

The Secretary of State for Communities and Local Government and the Secretary

 

of State for Transport shall conduct an assessment of costs incurred by local

 

authorities that arise directly and indirectly from the construction and future

 

operation of HS2, including staff costs, and shall ensure that such additional

 

funding as is required to reimburse local authorities for those costs is made

 

available.

 

(2)    

To the extent that such additional funding is not made available through service

 

level agreements, the Secretary of State for Transport shall make the additional

 

funding available through other means of local authority funding within six

 

months of the end of the relevant financial year.

 

(3)    

The Secretary of State for Communities and Local Government shall appoint an

 

independent auditor to assess the extent of any shortfall in local authority revenue

 

attributable to closure of or movement of businesses and consequential

 

diminution in business rates.

 

(4)    

The Secretary of State for Transport shall establish a mechanism whereby any

 

such shortfall shall be made good within six months of the end of the relevant

 

financial year.”

 

Member’s explanatory statement

 

This new clause is intended to give statutory enforceability to the Department for Transport’s

 

intention to reimburse local authorities for costs consequential on the construction of HS2, and to

 

ensure that there is compensation for lost business rate revenue.

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

3

 

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

 
 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

Antoinette Sandbach

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC2

 

To move the following Clause—

 

         

“Reimbursement of local authorities for damage to highways resulting from

 

HS2 construction

 

The Secretary of State for Communities and Local Government and the Secretary

 

of State for Transport shall conduct six-monthly assessments of the amounts

 

required to repair and make good highways in each county following construction

 

of HS2 Phase One, and shall ensure that such additional funding as is required to

 

meet those amounts is made available to local authorities.”

 

Member’s explanatory statement

 

This new clause is intended to give statutory enforceability to the Department for Transport’s

 

intention to reimburse local authorities for highways repair costs consequential on the

 

construction of HS2.

 


 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

Antoinette Sandbach

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC3

 

To move the following Clause—

 

         

“Amount of funds allocated to the Business and Local Economy Fund and

 

Community and Environments Fund

 

The Secretary of State for Transport shall allocate a sum of £150,000,000 to the

 

funds established to support business and local economy and community and

 

environment initiatives to mitigate and address the effects of HS2 construction.”

 

Member’s explanatory statement

 

This new clause is intended to increase the amounts allocated by the Department for Transport to

 

the Business and Local Economy Fund and the Community and Environment Fund from £30m to

 

£150m.

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

4

 

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

 
 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

Antoinette Sandbach

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC4

 

To move the following Clause—

 

         

“Compensation procedures

 

(1)    

The Secretary of State for Transport shall ensure that included within contested

 

valuation procedures for claimants under statutory or discretionary HS2

 

compensation schemes are processes for valuation by a valuer with knowledge of

 

local markets.

 

(2)    

The Secretary of State shall ensure that all compensation applications are

 

acknowledged within a period of two weeks and responded to substantively

 

within a period of ten weeks, failing which the application will be deemed

 

accepted.”

 

Member’s explanatory statement

 

This new clause is intended to insert procedures for valuation by local valuers in disputed

 

compensation cases, and to seek to ensure timely responses to compensation applications.

 


 

Andy McDonald

 

Lilian Greenwood

 

NC20

 

To move the following Clause—

 

         

“Public Sector Operators

 

(1)    

Section 25 of the Railways Act 1993 (c. 43) (public-sector operators not to be

 

franchisees) does not apply in relation to the franchisee in respect of a franchise

 

agreement—

 

(a)    

which relates wholly or mainly to the provision of one or more Phase One

 

of High Speed 2 passenger services, or

 

(b)    

which relates wholly or mainly to the provision of one or more other

 

services for the carriage of passengers by railway where—

 

(i)    

the services run wholly or partly on the route of Phase One of

 

High Speed 2, and

 

(ii)    

the services are likely to be subject to substantial disruption

 

because of the construction of Phase One of High Speed 2.

 

(2)    

The following may in particular be taken into account in determining whether, for

 

the purposes of subsection (1)(b), services are likely to be subject to substantial

 

disruption—

 

(a)    

the frequency with which the services are likely to be disrupted,

 

(b)    

the duration of the period in which the services are likely to be disrupted

 

(and, in particular, its duration relative to the length of the franchise

 

term),


 
 

Consideration of Bill (Report Stage): 23 March 2016        

5

 

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

 
 

(c)    

the severity of any likely disruption.

 

(3)    

In this section—

 

“franchisee”, “franchise agreement” and “franchise term” have the

 

meanings given by section 23 of the Railways Act 1993 (designated

 

passenger services to be provided under franchise agreements).”

 


 

Andy McDonald

 

Lilian Greenwood

 

Mrs Cheryl Gillan

 

NC21

 

To move the following Clause—

 

         

“Financial Reports

 

(1)    

The Secretary of State must prepare a report on expenditure under this Act in

 

relation to each financial year.

 

(2)    

Each report must contain details of—

 

(a)    

expenditure incurred during the financial year to which the report relates

 

(with capital and resource expenditure specified separately in relation to

 

construction and other activity under this Act and in respect of each head

 

of expenditure referred to in section 1(4)(a) to (c) of the High Speed Rail

 

(Preparation) Act 2013);

 

(b)    

the extent to which expenditure incurred during that year represents an

 

overspend or underspend as against the budget for such expenditure for

 

the year;

 

(c)    

the likely effect of any such overspend or underspend on a total budget

 

of £55.7 billion in 2015 prices (which includes construction and the cost

 

of rolling stock);

 

(d)    

total expenditure incurred under section 67 up to the end of that year;

 

(e)    

sums or assets received in that year in connection with expenditure

 

incurred under this Act, including in relation to section 48.

 

(3)    

In this section, “financial year” means—

 

(a)    

the period beginning with the day on which this Act is passed and ending;

 

(b)    

each subsequent period of 12 months.

 

(4)    

The Secretary of State must lay each report under this section before Parliament

 

as soon as is reasonably practicable after the end of the financial year to which it

 

relates.”

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

6

 

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

 
 

Dr Rupa Huq

 

Mrs Cheryl Gillan

 

Andy Slaughter

 

Tulip Siddiq

 

Victoria Prentis

 

NC26

 

To move the following Clause—

 

         

“Protection of business continuity by extended notice of entry in the case of

 

vulnerable businesses

 

(1)    

If an operator of a business or undertaking believes that the business or

 

undertaking’s continued operation or profitability would be vulnerable if

 

inadequate notice is received of the planned exercise of powers under sections 4,

 

5, 6, 12 or 15 of this Act and the associated schedules, the operator may notify the

 

Secretary of State of this belief.

 

(2)    

For the purposes of subsection (1), “inadequate notice” means a period of notice

 

that would not provide a reasonable amount of time for the business or

 

undertaking to relocate to a new premises and refit that premises to a reasonable

 

standard before the exercise of the powers.

 

(3)    

Upon receipt of such notification, the Secretary of State must facilitate a dialogue

 

with the operator in relation to timing and funding of business relocation, and

 

required notice periods, and shall consider the reasons for the operator’s belief.

 

(4)    

Unless the dialogue provides a satisfactory resolution within three months of

 

initial notification—

 

(a)    

a 12-month minimum notice period shall apply for the exercise of powers

 

mentioned in subsection (1) in relation to the relevant business or

 

undertaking; and

 

(b)    

the early compensation payable to the operator shall be 100%, not 90%,

 

of the estimated relocation costs, and such compensation shall be payable

 

in full, nine months before the anticipated relocation date notified by the

 

operator.”

 


 

Jonathan Edwards

 

NC27

 

To move the following Clause—

 

         

“Report on classification of HS2 as England-only project

 

Within 3 months of this Act receiving Royal Assent, the Secretary of State must

 

lay before both Houses of Parliament a report on—

 

(a)    

the classification of HS2 as an England-only project for the purposes of

 

Treasury expenditure, and

 

(b)    

how much extra money Wales would receive in terms of Barnett

 

consequential money as a result of such classification.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to produce a report on reclassifying HS2 as

 

an England-only project for the purposes of calculating Treasury expenditure through the Barnett

 

Formula and how much more money Wales would have received as a result.

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

7

 

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

 
 

Craig Tracey

 

NC30

 

To move the following Clause—

 

         

“Community detriment fund

 

(1)    

The Secretary of State must establish a community detriment fund.

 

(2)    

The community detriment fund will provide an additional source of funding to

 

communities, supplemental to that available through the community and

 

environment fund.

 

(3)    

The community detriment fund will be available to address adverse impacts of

 

HS2 construction on communities, including but not limited to impaired

 

accessibility, diminution in availability of community amenities, and physical

 

effects of construction.

 

(4)    

A principal objective of the fund will be to remove the need for formal

 

compensation claims and to provide an expedited means of claiming funding for

 

detriment.

 

(5)    

The fund will be available only to address adverse effects on communities, not

 

impacts on individual households, businesses or undertakings.

 

(6)    

Among the measures that may be considered as available for funding to address

 

detriment shall be transport facilities such as shuttle services.”

 


 

Dr Rupa Huq

 

Mrs Cheryl Gillan

 

Andy Slaughter

 

Tulip Siddiq

 

Victoria Prentis

 

NC32

 

To move the following Clause—

 

         

“Review of fairness of rural support zone compensation

 

The Secretary of State must conduct a review of the reasons for situating the

 

boundary of the Rural Support Zone in west London which shall be laid before

 

both House of Parliament within three months of this Bill receiving Royal

 

Assent.”

 


 

Sir William Cash

 

Mrs Cheryl Gillan

 

NC33

 

To move the following Clause—

 

         

“Compensation

 

(1)    

Within three months of this Bill receiving Royal Assent, the Secretary of State

 

shall lay before both Houses of Parliament a report responding to a review of

 

compensation applicable to those affected by HS2 Phases One and Two which

 

shall by then have reported in accordance with directions already issued.


 
Back to StartNext
 

Revised 22 March 2016