Session 2015-16
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Notices of Amendments: 1 March 2016                     

8

 

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

 
 

(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

 

NC10

 

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

 

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

 

“environmental documents”).”

 


 

Mrs Cheryl Gillan

 

NC11

 

To move the following Clause—

 

         

“ Enforcement notice

 

(1)    

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.

 

(2)    

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

 

website of the Adjudicator.

 

(3)    

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.

 

(4)    

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

 

such a location as the Adjudicator may determine.

 

(5)    

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.


 
 

Notices of Amendments: 1 March 2016                     

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

 
 

(6)    

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.

 

(7)    

It shall be a defence to any claim under (3) 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.

 

(8)    

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

 

shall be guilty of an offence.

 

(9)    

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.

 

(10)    

It shall be a defence to any to any criminal proceedings under (5) 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.

 

(11)    

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

 

NC12

 

To move the following Clause—

 

         

“ Inspections

 

(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.”

 


 

Mrs Cheryl Gillan

 

NC13

 

To move the following Clause—

 

         

“ Power to require documents and information etc.

 

(1)    

The Adjudicator may require any person mentioned in subsection (2) to provide

 

it with any information, documents, records or other items which the Adjudicator

 

considers it necessary or expedient to have for the purposes of any of its

 

regulatory functions.


 
 

Notices of Amendments: 1 March 2016                     

10

 

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

 
 

(2)    

The persons are—

 

(a)    

HS2 Limited,

 

(b)    

a nominated undertaker,

 

(c)    

any contractor appointed by HS2 Limited or a nominated undertaker.

 

(3)    

The power in subsection (1) to require the provision of information, documents

 

or records includes, in relation to information, documents or records kept by

 

means of a computer, power to require the provision of the information,

 

documents or records in legible form.”

 


 

Mrs Cheryl Gillan

 

NC14

 

To move the following Clause—

 

         

“ Periodic returns

 

(1)    

The Adjudicator may require a nominated undertaker to make a return to the

 

Adjudicator at such intervals as may be prescribed.

 

(2)    

Provision may be made by in such requirements as to the contents of the return

 

and the period in respect of which and date by which it is to be made.”

 


 

Mrs Cheryl Gillan

 

NC15

 

To move the following Clause—

 

         

“ Information and advice

 

(1)    

The Adjudicator must keep the Secretary of State informed about the following

 

matters—

 

(a)    

the environmental impact of constructing Phase 1 of HS2 and whether

 

such impacts reflect the forecasts detailed in the Environmental

 

Statement;

 

(b)    

the impact on communities and the natural environment arising from the

 

construction and operation of HS2;

 

(c)    

the carrying on of regulated activities.

 

(2)    

The Adjudicator may at any time give the Secretary of State advice on anything

 

connected with those matters.

 

(3)    

When requested to do so by the Secretary of State, the Adjudicator must give the

 

Secretary of State such advice or information in connection with a matter

 

mentioned in subsection (1) as may be specified in the request.”

 



 
 

Notices of Amendments: 1 March 2016                     

11

 

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

 
 

Mrs Cheryl Gillan

 

NC16

 

To move the following Clause—

 

         

“ Commissioning studies

 

(1)    

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 (2), or

 

(b)    

for improving the management of environmental outcomes arising from

 

the operation of Phase One of HS2.

 

(2)    

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.

 

(3)    

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

 

(2)(a) or (b).

 

(4)    

The Adjudicator must undertake or promote a study falling within subsection (1)

 

or (3) if the Secretary of State so requests.”

 


 

Mrs Cheryl Gillan

 

NC17

 

To move the following Clause—

 

         

“ Publication of results of studies under section 12

 

(1)    

The Adjudicator must publish—

 

(a)    

any recommendations made by it under subsection (1) of section 12, and

 

(b)    

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

 

(2)    

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

 

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

 

representations to the Adjudicator before the publication under subsection (1) of

 

any recommendations or the result of any studies.”

 



 
 

Notices of Amendments: 1 March 2016                     

12

 

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

 
 

Mrs Cheryl Gillan

 

NC18

 

To move the following Clause—

 

         

“ Provision of copies of registers

 

(1)    

Subject to subsection (3), the Adjudicator must secure that copies of any register

 

kept for the purposes of this Act are available at its offices for inspection at all

 

reasonable times by any person.

 

(2)    

Subject to subsections (3) and (4), any person who asks the Adjudicator for a copy

 

of, or an extract from, a register kept for the purposes of this Chapter is entitled

 

to have one.

 

(3)    

Regulations may provide that subsections (1) and (2) do not apply—

 

(a)    

in such circumstances as may be prescribed, or

 

(b)    

to such parts of a register as may be prescribed.

 

(4)    

A fee determined by the Adjudicator is payable for the copy or extract except—

 

(a)    

in prescribed circumstances, or

 

(b)    

in any case where the Adjudicator considers it appropriate to provide the

 

copy or extract free of charge.”

 


 

Mrs Cheryl Gillan

 

NC19

 

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.

 


 

Andy McDonald

 

NC20

 

To move the following Clause—

 

         

“HS2 Design Panel

 

During the nominated undertaker’s ongoing design work for Phase One purposes

 

it must have regard to the recommendations of the HS2 Independent Design


 
 

Notices of Amendments: 1 March 2016                     

13

 

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

 
 

Panel, or to the recommendations of a successor body which may be designated

 

by the Secretary of State from time to time.”

 

Member’s explanatory statement

 

The Department for Transport established a HS2 Design Panel November 2015. This New Clause

 

would require the nominated undertaker to ‘have regard’ to Design Panel’s recommendations

 

during the design work for Phase One.

 


 

Andy McDonald

 

NC21

 

To move the following Clause—

 

         

“Passenger services: public sector operation

 

(1)    

Section 23 of the Railways Act 1993 (franchising of passenger services) does not

 

apply to services operated on the whole or part of the high speed rail line so

 

provided for in this Act.

 

(2)    

Passengers services on the whole or part of the high speed rail line so provided

 

for in this Act shall be provided by a publicly owned railway company.

 

(3)    

In this section, “publicly owned railway company” has the meaning given to it in

 

section 151(1) of the Railways Act 1993.”

 

Member’s explanatory statement

 

This New Clause would require passenger services operating on the whole or part of the high

 

speed rail line to be provided by a publicly owned railway company.

 


 

Andy McDonald

 

NC22

 

To move the following Clause—

 

         

“Construction Commissioner

 

(1)    

There shall be a Construction Commissioner to consider any complaints about

 

HS2 construction including any that have not already been the subject of

 

discussions with the nominated undertaker.

 

(2)    

The Construction Commissioner shall administer a scheme for the administration

 

of small claims relating to the effects of HS2 construction.

 

(3)    

Notwithstanding subsection (2), the Construction Commissioner shall have

 

authority to consider and adjudicate on all complaints regarding HS2, without

 

limitation including as to the amount of any claim for compensation or monetary

 

relief, but subject to subsection (5).

 

(4)    

The Construction Commissioner shall have express power to consider claims for

 

compensation for property losses including damage caused by underground

 

settlement.

 

(5)    

The Construction Commissioner shall not have power to consider complaints

 

regarding the approval as a matter of principle of the construction of high speed

 

rail lines.

 

(6)    

The Construction Commissioner shall be independently appointed by a process

 

of open competition overseen by a panel of local authorities and other parties with

 

a legitimate interest in the good administration of HS2 construction. The panel


 
 

Notices of Amendments: 1 March 2016                     

14

 

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

 
 

shall also monitor the operation and performance of the Construction

 

Commissioner’s office.

 

(7)    

The Construction Commissioner shall be appointed within three months of Royal

 

Assent.

 

(8)    

The Construction Commissioner shall report annually to Parliament in a report to

 

be laid before both Houses of Parliament which shall include an assessment of the

 

small claims scheme. The report shall include an assessment by the appointment

 

panel of the Construction Commissioner’s efficiency and efficacy in complaints

 

handling.

 

(9)    

The Construction Commissioner may be dissolved by the Secretary of State no

 

earlier than three months after the completion of construction works authorised

 

by this Act, and not before the Construction Commissioner has published a final

 

report on the administration of HS2 construction and the operation of the small

 

claims scheme.”

 

Member’s explanatory statement

 

This New Clause would allow the Construction Commissioner to consider complaints without

 

limitation as to the amount of any claim for compensation. It would also require the Construction

 

Commissioner to be appointed by a process of open competition.

 


 

Andy McDonald

 

NC23

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Designing Euston as a single integrated Station

 

(1)    

The new high speed platforms to the west of the existing Euston Station must be

 

designed as part of a plan for a single fully integrated Euston station which

 

provides platforms for HS2, mainline and Crossrail 2 services.

 

(2)    

Full integration means, but is not limited to—

 

(a)    

east-west and north-south permeability, with at grade accessible routes

 

across and around the station for pedestrians and cyclists accessing the

 

local areas,

 

(b)    

integration into the existing local transport network, and

 

(c)    

the potential for over-site development across the whole Euston station

 

site and tracks.

 

(3)    

In developing the design for Euston Station, the Nominated Undertaker must

 

consult with—

 

(a)    

the local community and local businesses,

 

(b)    

the London Borough of Camden,

 

(c)    

passenger groups,

 

(d)    

the rail industry,

 

(e)    

Transport for London and the Greater London Assembly, and

 

(f)    

any other party which the Nominated Undertaker deems appropriate.”

 

Member’s explanatory statement

 

This New Clause requires the design for Euston Station to be approached in a holistic fashion,

 

ensuring that plans for the HS2 platforms do not limit future integration with and redevelopment

 

of the existing mainline station at Euston, nor with plans for a Crossrail 2 station in the area, or


 
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Revised 01 March 2016