Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 9 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

 

Amendments tabled since the last publication: 14, NC18-NC19

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Mrs Cheryl Gillan

 

NC1

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 9 March 2016                     

2

 

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

 
 

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

 

Parliamentary Star - white    

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

 

NC3

 

Parliamentary Star - white    

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.

 



 
 

Notices of Amendments: 9 March 2016                     

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

 
 

Mrs Cheryl Gillan

 

NC4

 

Parliamentary Star - white    

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.

 


 

Mrs Cheryl Gillan

 

NC5

 

Parliamentary Star - white    

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.”

 



 
 

Notices of Amendments: 9 March 2016                     

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

 
 

Mrs Cheryl Gillan

 

NC6

 

Parliamentary Star - white    

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.

 

(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

 

NC7

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 9 March 2016                     

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

 
 

(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.”

 


 

Mrs Cheryl Gillan

 

NC8

 

Parliamentary Star - white    

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 natrual

 

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).”

 


 

Mrs Cheryl Gillan

 

NC9

 

Parliamentary Star - white    

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,


 
 

Notices of Amendments: 9 March 2016                     

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

 
 

(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

 

NC10

 

Parliamentary Star - white    

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.”

 



 
 

Notices of Amendments: 9 March 2016                     

7

 

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

 
 

Mrs Cheryl Gillan

 

NC11

 

Parliamentary Star - white    

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”).

 

(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


 
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Revised 10 March 2016