Session 2015-16
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Consideration of Bill (Report Stage): 23 March 2016        

8

 

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

 
 

(2)    

The review shall consider the following—

 

(a)    

whether a compensation framework based on a property bond system

 

could be an equally or more effective means of compensating those

 

affected by blight from HS2 construction and operation while

 

maintaining a functioning property market, having due regard to

 

demands on public expenditure and investment;

 

(b)    

whether the current rateable value limit for compensation and blight

 

claims by owner-occupiers of business premises should be abolished or

 

amended;

 

(c)    

whether loss payment ceilings are fair and appropriate;

 

(d)    

whether a higher proportion of advance compensation for relocation than

 

the current 90% should be payable in certain instances;

 

(e)    

whether the time limits for claiming compensation where no land is taken

 

should be re-evaluated;

 

(f)    

the position of those affected by blight caused by HS2 whose property is

 

subject to mortgage and who may find themselves unable to remortgage

 

or in a position of negative equity as a result of such blight;

 

(g)    

whether those considering a claim for compensation should receive

 

advance payment of fees for professional advice.”

 

 


 

Mr Robert Goodwill

 

Andy McDonald

 

Lilian Greenwood

 

15

 

Clause  48,  page  18,  line  8,  after “considers” insert “having regard to the relevant

 

development plan,”

 


 

New Clauses, New schedules and amendments relating to the route and

 

environmental issues

 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

NC6

 

To move the following Clause—

 

         

“Chilterns AONB Review Group

 

(1)    

A Chilterns Area of Outstanding Natural Beauty Review Group shall be

 

established.

 

(2)    

The members of the group shall include Buckinghamshire County Council,

 

Chilterns District Council, Wycombe District Council, Aylesbury Vale District

 

Council, the Chilterns Conservation Board, Natural England, key community

 

groups and the nominated undertaker.

 

(3)    

The purpose of the group shall be to identify measures for environmental

 

enhancement in the Chilterns to mitigate against the impact of HS2 railway

 

construction.


 
 

Consideration of Bill (Report Stage): 23 March 2016        

9

 

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

 
 

(4)    

The group shall elect a Chair, who shall not be an employee of the nominated

 

undertaker.

 

(5)    

The group shall receive such funds from the Secretary of State as it considers

 

necessary to perform its functions expeditiously and efficiently.

 

(6)    

The group shall make a twice yearly report with recommendations.

 

(7)    

In the event that the Secretary of State does not accept any recommendation of

 

the group, they shall make a statement to the House within three months of the

 

date of the report, indicating reasons.”

 

Member’s explanatory statement

 

This new clause is intended to give statutory backing to the establishment and powers of the

 

Chilterns AONB Review Group.

 


 

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

 

NC7

 

To move the following Clause—

 

         

“Obligation to plant trees

 

(1)    

The nominated undertaker must publish plans to plant the Referenced Trees

 

within the Construction Period and make arrangements for their maintenance for

 

a period of 10 years from the commencement of services on Phase 1 of HS2.

 

(2)    

The nominated undertaker must provide an annual report to Parliament which

 

shall specify—

 

(a)    

the progress made on planting of the Referenced Trees,

 

(b)    

the number and species of trees planted since the publication of the

 

previous report,

 

(c)    

the position of the trees, groups of trees or woodlands, as the case may

 

be, by reference to a map,

 

(d)    

the adequacy of arrangements to manage Referenced Trees which have

 

been planted previously.

 

(3)    

In subsections (1) and (2) “Referenced Trees” shall mean the trees planted to meet

 

the commitment of two million additional trees to be situated adjacent to Phase 1

 

of HS2 as set out in the environmental statement referenced in Clause 66(4). In

 

subsection (1) Construction Period shall mean the period between

 

commencement of the Scheduled Works and the commencement of operational

 

service on Phase One of High Speed 2.”

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

10

 

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

 

Keir Starmer

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC8

 

To move the following Clause—

 

         

“Office of the HS2 Adjudicator

 

(1)    

There is to be a body corporate known as the Office of the HS2 Adjudicator

 

hereinafter referred to as “the Adjudicator”.

 

(2)    

Schedule [Adjudicator: status and funding] (which makes further provision about

 

the Adjudicator) shall have effect.

 

(3)    

The Adjudicator has the functions conferred on it by or under any enactment.

 

(4)    

Those functions include—

 

(a)    

enforced functions

 

(b)    

inspection functions,

 

(c)    

information functions.

 

(5)    

The main objective of the Adjudicator in performing its functions is to protect the

 

natural environment and communities impacted by the construction and

 

operation of Phase 1 of High Speed 2.

 

(6)    

The Adjudicator is to perform its functions for the general purpose of securing—

 

(a)    

the minimisation of adverse impacts on communities and the natural

 

environment situated in locations affected by the construction or

 

operation of Phase 1 of HS2,

 

(b)    

the provision of additional mitigation measures in the event the

 

environmental impacts of the operation of HS2 are worse than as set out

 

in the environmental statement prepared in accordance with section

 

66(4).”

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

11

 

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

 

Keir Starmer

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC9

 

To move the following Clause—

 

         

“Matters to which the Adjudicator must have regard

 

(1)    

In performing its functions the Adjudicator must have regard to—

 

(a)    

the views expressed by or on behalf of the members of the public or

 

organisations about the environmental impacts of constructing Phase

 

One of HS2,

 

(b)    

the views expressed by people affected by the construction and operation

 

of Phase One of HS2,

 

(c)    

the views expressed by local authorities about the impact of constructing

 

and operating Phase One of HS2 in their areas,

 

(d)    

the need to protect the natural environment and minimise environmental

 

impacts arising from the construction and operation of Phase One of

 

HS2,

 

(e)    

the need to ensure that any action by the Adjudicator in relation to its

 

areas of responsibility is proportionate to the risks against which it would

 

afford safeguards and is targeted only where it is needed,

 

(f)    

any developments in approaches to monitoring and mitigating

 

environmental impacts arising from the construction or operation of

 

Phase One of HS2,

 

(g)    

best practice among persons performing functions comparable to those of

 

the Adjudicator (including the principles under which regulatory action

 

should be transparent, accountable and consistent).

 

(2)    

In performing its functions the Adjudicator must also have regard to such aspects

 

of government policy as the Secretary of State may direct.”

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

12

 

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

 

Keir Starmer

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC10

 

To move the following Clause—

 

         

“ Statement on stakeholder involvement

 

(1)    

The Adjudicator must publish a statement describing how it proposes to—

 

(a)    

discharge its oversight requirements to ensure environmental outcomes

 

reflect the forecasts set out in the environmental statement referenced in

 

section 66(4),

 

(b)    

promote engagement and discussion with the nominated undertaker and

 

impacted communities concerning adequate levels of mitigation,

 

(c)    

ensure that proper regard is had to views expressed by non-government

 

organisations and local authorities concerning the environmental impacts

 

arising from the construction and operation of Phase One of High Speed

 

2,

 

(d)    

arrange for accurate regular reporting of environmental impacts arising

 

from the construction of the scheduled works and operation of Phase One

 

of High Speed 2.

 

(2)    

The Adjudicator may from time to time revise the statement and must publish any

 

revised statement.

 

(3)    

Before publishing the statement (or any revised) statement the Adjudicator must

 

consult such persons it considers appropriate.”

 


 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

Antoinette Sandbach

 

Keir Starmer

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Tulip Siddiq

 

Jeremy Lefroy

 

NC11

 

To move the following Clause—

 

         

“ Compliance with requirements

 

(1)    

The Adjudicator will keep under review compliance by HS2 Ltd, the nominated

 

undertaker and its contractors with the standards detailed in the environmental

 

statement, Environmental Minimum Requirements and the Code of Construction

 

Practice and the assurances and undertakings provided by the Secretary of State


 
 

Consideration of Bill (Report Stage): 23 March 2016        

13

 

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

 
 

on HS2 and Information Papers prepared by HS2 Ltd (collectively the

 

“environmental documents”).

 

(2)    

If it appears to the Adjudicator that any person has failed or is likely to fail to

 

comply with any requirements for which he is responsible set out in the

 

environmental documents relating to the construction or operation of Phase One

 

of High Speed 2, the Adjudicator (hereinafter referred to in this section as the

 

“relevant requirements”) may address to that person an enforcement notice.

 

(3)    

An enforcement notice comes into effect 36 hours after it is published on the

 

website of the Adjudicator.

 

(4)    

The Adjudicator must also transmit an electronic version to HS2 Ltd, any

 

nominated undertaker or contractor to the aforementioned, or local authority who

 

has supplied to the Adjudicator an email address for this purpose.

 

(5)    

An enforcement notice must also be placed on a hard copy register maintained at

 

such a location as the Adjudicator may determine.

 

(6)    

An enforcement notice is a notice in writing—

 

(a)    

specifying the matters which appears to the Adjudicator to constitute a

 

failure to comply with the relevant requirements set out in the

 

environmental documents, and

 

(b)    

prohibiting the recurrence or occurrence of those matters and requiring

 

the person to whom it is addressed to carry out any specified works or

 

take any steps which the Adjudicator considers necessary to ensure

 

compliance with the relevant requirements detailed in the environmental

 

documents.

 

(7)    

Where any person suffers loss or damage as a result of any matter specified in an

 

enforcement notice, whether that loss or damage occurs before or after the service

 

of the enforcement notice, he may recover damages for that loss or damage in a

 

civil court from the person on whom the enforcement notice was served

 

(8)    

It shall be a defence to any claim under subsection (7) above to prove that the

 

matters alleged to constitute non compliance have not occurred or that they do not

 

constitute non compliance with the relevant requirements

 

(9)    

If any person fails to comply with the requirements of an enforcement notice he

 

shall be guilty of an offence.

 

(10)    

A person guilty of an offence under this section shall be punishable on summary

 

conviction by a fine not exceeding £20,000 and on conviction on indictment to a

 

fine.

 

(11)    

It shall be a defence to any criminal proceedings under subsection (9) claim to

 

prove that—

 

(a)    

the matters alleged to constitute non compliance have not occurred,

 

(b)    

that they do not constitute non compliance with the relevant requirements

 

or that any required works or steps were not necessary to achieve

 

compliance with the relevant requirements or

 

(c)    

that despite due diligence he was unaware of the provision of the notice.

 

(12)    

Where an offence under any provision of this Act committed by a body corporate

 

is proved to have been committed with the consent or connivance of, or to have

 

been attributable to any neglect on the part of, any director, manager, secretary or

 

other similar officer of the body corporate or a person who was purporting to act

 

in any such capacity, he as well as the body corporate shall be guilty of that

 

offence and shall be liable to be proceeded against and punished accordingly.”

 



 
 

Consideration of Bill (Report Stage): 23 March 2016        

14

 

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

 
 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

Antoinette Sandbach

 

Keir Starmer

 

Caroline Lucas

 

Mrs Caroline Spelman

 

Jeremy Lefroy

 

NC12

 

To move the following Clause—

 

         

“Inspections and studies

 

(1)    

The Adjudicator may for the purposes of its regulatory functions carry out

 

inspections of—

 

(a)    

the carrying on of the Scheduled Works, or

 

(b)    

the operation of any train travelling on Phase One of HS2.

 

(2)    

The Adjudicator may undertake or promote comparative or other studies

 

designed to enable it to make recommendations—

 

(a)    

for improving sustainability and effectiveness in any activity mentioned

 

in subsection (3), or

 

(b)    

for improving the management of environmental outcomes arising from

 

the operation of Phase One of HS2.

 

(3)    

Those activities are—

 

(a)    

the undertaking of construction activity by HS2 Ltd or a nominated

 

undertaker,

 

(b)    

the making of arrangements by HS2 Ltd or a nominated undertaker for

 

the purpose of environmental mitigation.

 

(4)    

The Adjudicator may also undertake or promote studies designed to enable it to

 

prepare reports as to the impact of—

 

(a)    

the operation of any particular statutory provisions, or

 

(b)    

any directions or guidance given by a Minister of the Crown (whether

 

pursuant to any such provisions or otherwise),

 

    

on economy, efficiency and effectiveness in an activity mentioned in subsection

 

(3)(a) or (b).

 

(5)    

The Adjudicator must undertake or promote a study falling within subsection (2)

 

or (4) if the Secretary of State so requests.

 

(6)    

The Adjudicator must publish—

 

(a)    

any recommendations made by it under subsection (2) and

 

(b)    

the result of any studies undertaken or promoted under that section.

 

(7)    

The Secretary of State may, after consulting the Adjudicator, by regulations make

 

provisions as to the procedure to be followed in respect of the making of

 

representatives to the Adjudicator before the publication under subsection (2) of

 

any recommendations or the result of any studies.”

 



 
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Revised 22 March 2016