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Notices of Amendments: 8 March 2016                     

8

 

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

 
 

(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 (2), 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

 

(2)(a) or (b).

 

(5)    

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

 

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

 

(6)    

The Adjudicator must publish—

 

(a)    

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

 

[commissioning studies], 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 (1) of

 

any recommendations or the result of any studies.”

 


 

Mrs Cheryl Gillan

 

NC13

 

Parliamentary Star    

To move the following Clause—

 

         

“ Power to require documents, information returns 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.

 

(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.


 
 

Notices of Amendments: 8 March 2016                     

9

 

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

 
 

(4)    

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

 

Adjudicator at such intervals as may be prescribed.

 

(5)    

Provision may be made 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

 

NC14

 

Parliamentary Star    

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.”

 


 

Mrs Cheryl Gillan

 

NC15

 

Parliamentary Star    

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.”

 



 
 

Notices of Amendments: 8 March 2016                     

10

 

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

 
 

Mrs Caroline Spelman

 

NC16

 

Parliamentary Star    

To move the following Clause—

 

         

“Speed and Noise Limitation

 

(1)    

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

 

then 300 km/h on track forming part of Phase One of High Speed 2 except to the

 

extent that the maximum peak noise level arising from train passage, when

 

measured according to a procedure defined by the Secretary of State on the basis

 

of representative train passages and locations, does not exceed 60dBA at any

 

point further than 200m from the centre line of the railway.

 

(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 Caroline Spelman

 

NC17

 

Parliamentary Star    

To move the following Clause—

 

         

“Prohibition of entry of designated vehicles in designated areas

 

(1)    

No person shall for the purposes of the exercise of powers granted under sections

 

1 and 2 drive or cause or permit a vehicle of a designated class to enter a

 

designated area, where “designated class” and “designated area” are as defined in

 

NS3.

 

(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.”

 

 



 
 

Notices of Amendments: 8 March 2016                     

11

 

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

 
 

Mrs Cheryl Gillan

 

1

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

3

 

Parliamentary Star    

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 or such other procedure

 

as shall ensure an opportunity for appropriate public participation and objection.

 

(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

 

4

 

Parliamentary Star    

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.


 
 

Notices of Amendments: 8 March 2016                     

12

 

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 or such other procedure as shall ensure an opportunity for

 

appropriate public participation and objection.”

 

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

 

5

 

Parliamentary Star    

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 the 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 or such other procedure as shall ensure

 

an opportunity for appropriate public participation and objection.”

 

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

 

6

 

Parliamentary Star    

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


 
 

Notices of Amendments: 8 March 2016                     

13

 

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

 
 

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

 

Natural Beauty, has been completed.

 

(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 the 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 or such other procedure as shall

 

ensure an opportunity for appropriate public participation and objection.”

 

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

 

7

 

Parliamentary Star    

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.

 

Mrs Cheryl Gillan

 

8

 

Parliamentary Star    

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

 

“(1A)    

In exercising the powers in this Bill, the nominated undertaker shall have regard

 

to the desirability of minimising the number of gantries to be installed to provide

 

power to the railway, in particular in areas of outstanding natural beauty

 

designated by statute and in other areas of particularly high environmental value

 

and sensitivity, and shall consult with local communities in designing plans for

 

gantry installation.”


 
 

Notices of Amendments: 8 March 2016                     

14

 

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

 
 

Mrs Caroline Spelman

 

11

 

Parliamentary Star    

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 between Burton Green, Warwickshire, and

 

Mercote Hall Lane east of Hampton-in-Arden, Solihull.

 

(1B)    

Any railway constructed as part of Phase One of High Speed 2 between Burton

 

Green, Warwickshire, and Mercote Hall Lane east of Hampton-in-Arden,

 

Solihull, shall be built as an extension to the tunnel at Burton Green, which is

 

planned through the works specified in Schedule 1 of this Act.”

 


 

Mrs Caroline Spelman

 

12

 

Parliamentary Star    

Clause  20,  page  9,  line  6,  at end insert—

 

“(1A)    

The deemed planning permissions in subsection (1) shall be made subject to the

 

approval of the external appearance of the works by the relevant parish or town

 

council,

 

(1B)    

The approval of the external appearance referred to in subsection (1A) shall not

 

be withheld unreasonably, and shall be determined by the relevant parish or town

 

council within four weeks of the submission by the nominated undertaker of full

 

details of the external appearance of the proposed works to the proper officer of

 

the council.”

 


 

Mrs Cheryl Gillan

 

9

 

Parliamentary Star    

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 over a height of

 

15m in areas of particularly high environmental value or sensitivity, 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.”

 

Member’s explanatory statement

 

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

 

by removing existing obtrusive and unappealing infrastructure.

 

Mrs Cheryl Gillan

 

10

 

Parliamentary Star    

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.


 
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Revised 09 March 2016