Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 1 March 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Public Bill Committee


 

High Speed Rail (London - West Midlands) Bill,


 

As Amended


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [1 March 2016].

 

 


 

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”).


 
 

Notices of Amendments: 1 March 2016                     

2

 

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

 
 

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

 

25(1) of the 1993 Railways Act, a fee must be received which reflects a fair

 

market evaluation of that property or right.”

 

Member’s explanatory statement

 

Clause 45 allows the Secretary of State to transfer HS2 Ltd’s property and rights to any other body.

 

This amendment would prevent the Secretary of State from transferring assets to a private body

 

without receiving a fair price.

 


 

Andy McDonald

 

28

 

Parliamentary Star - white    

Clause  48,  page  18,  line  8,  leave out subsection (1)

 

Member’s explanatory statement

 

This amendment removes from the Act the power of the Secretary of State to compulsorily purchase

 

any land which the Secretary of State deems could give rise to regeneration or development

 

opportunities as part of the construction or operation of Phase One of High Speed 2.

 

Andy McDonald

 

22

 

Clause  48,  page  18,  line  8,  after “if the Secretary of State,” insert “reasonably”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to reach a ‘reasonable’ decision when

 

deciding whether to exercise his power to acquire sites for regeneration purposes, and would

 

allow the decision to be challenged under this act if not reached reasonably.


 
 

Notices of Amendments: 1 March 2016                     

3

 

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

 
 

Andy McDonald

 

24

 

Clause  48,  page  18,  line  10,  after “any land” insert “within the Act limits or in the

 

vicinity of any station or depot the construction of which is authorised by the Act”

 

Member’s explanatory statement

 

This amendment would limit the Secretary of State’s power to compulsorily acquire land for

 

regeneration purposes to land within the Act limits or in the vicinity of any station or depot, the

 

construction of which is authorised by this Act.

 

Andy McDonald

 

25

 

Clause  48,  page  18,  line  11,  at end insert—

 

“(1A)    

Before acquiring land compulsorily under subsection (1) the Secretary of State,

 

following consultation with the relevant local authority, must be satisfied that—

 

(a)    

the regeneration or development accords with the relevant development

 

plan; and

 

(b)    

that there is no realistic prospect of the local authority exercising powers

 

of compulsory purchase of the land within a reasonable time.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to be satisfied that any compulsory land

 

acquisition for land regeneration accords with the relevant development plan and that there is no

 

realistic prospect of the local authority exercising powers of compulsory purchase of the land.

 

Andy McDonald

 

23

 

Clause  48,  page  18,  line  11,  at end insert—

 

“(1A)    

The Secretary of State must define the term “an opportunity for regeneration or

 

development” in regulations for the purposes of subsection (1).

 

(1B)    

A statutory instrument containing regulations under subsection (1A) may not be

 

made unless a draft of the instrument has been laid before, and approved by a

 

resolution of, each House of Parliament.”

 

Member’s explanatory statement

 

This amendment would require the Government to define the term “an opportunity for

 

regeneration or development” by statutory instrument.

 


 

Mrs Cheryl Gillan

 

3

 

Clause  52,  page  23,  line  18,  at end insert—

 

“(aa)    

an extension of the bored tunnel in the Chilterns northward to the

 

boundary of the Chilterns Area of Outstanding Natural Beauty.”

 

Member’s explanatory statement

 

This amendment seeks to enable the extension of the bored tunnel in the Chilterns Area of Natural

 

Beauty to be provided for through a Transport for Works Act order.

 



 
 

Notices of Amendments: 1 March 2016                     

4

 

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

 
 

New Clauses

 

Mrs Cheryl Gillan

 

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.

 


 

Mrs Cheryl Gillan

 

NC2

 

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.

 

(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.


 
 

Notices of Amendments: 1 March 2016                     

5

 

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

 
 

(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

 

NC3

 

To move the following Clause—

 

         

“Speed limitation

 

(1)    

No person shall drive or cause or permit any train to proceed at a speed greater

 

than 300 kph on track forming part of Phase One of High Speed 2.

 

(2)    

If any person fails to comply with the requirements of subsection 1 he shall be

 

guilty of an offence.

 

(3)    

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.

 

(4)    

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.”

 


 

Mrs Cheryl Gillan

 

NC4

 

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 63(4). In


 
 

Notices of Amendments: 1 March 2016                     

6

 

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

 
 

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.”

 


 

Mrs Cheryl Gillan

 

NC5

 

To move the following Clause—

 

         

“Establishment of the 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)    

New Schedule 1 (which makes further provision about the Adjudicator) shall

 

have effect.”

 


 

Mrs Cheryl Gillan

 

NC6

 

To move the following Clause—

 

         

“The Adjudicator’s functions

 

(1)    

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

 

(2)    

Those functions include—

 

(a)    

enforcement functions,

 

(b)    

inspection functions,

 

(c)    

information functions.”

 


 

Mrs Cheryl Gillan

 

NC7

 

To move the following Clause—

 

         

“The Adjudicator’s objectives

 

(1)    

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.

 

(2)    

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


 
 

Notices of Amendments: 1 March 2016                     

7

 

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

 
 

in the environmental statement prepared in accordance with section

 

63(4).”

 


 

Mrs Cheryl Gillan

 

NC8

 

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.”

 


 

Mrs Cheryl Gillan

 

NC9

 

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,


 
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Revised 01 March 2016