Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 17 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: 16, NC23-NC32

 

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withdrawn amendments at the end.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

 

accordance with the Business of the House (High Speed Rail (London - West

 

Midlands) Bill) Motion to be moved by Secretary Patrick McLoughlin.

 


 

New Clauses, New Schedules and amendments relating to economic and

 

financial issues including compensation and railway ownership

 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

NC1

 

To move the following Clause—


 
 

Notices of Amendments: 17 March 2016                  

2

 

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

 
 

         

“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

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

NC2

 

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.

 



 
 

Notices of Amendments: 17 March 2016                  

3

 

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

 

NC3

 

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.

 


 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Mr Graham Brady

 

Sir William Cash

 

Craig Tracey

 

Dr Rupa Huq

 

NC4

 

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.

 



 
 

Notices of Amendments: 17 March 2016                  

4

 

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

 
 

Andy McDonald

 

Mr Steve Baker

 

Lilian Greenwood

 

NC19

 

To move the following Clause—

 

         

“Vocational qualifications

 

(1)    

The Secretary of State must prepare a report on vocational qualifications obtained

 

in each financial year in connection with HS2 construction.

 

(2)    

Each such report must contain an account of vocational qualifications gained by

 

individuals employed in constructing the network referred to in section 1(1), in

 

preparing for such construction, and in connected and ancillary activities, broken

 

down by type of qualification and activity.

 

(3)    

Each such report must contain an overall assessment of the costs of vocational

 

training for relevant qualifications and by whom such costs were incurred.

 

(4)    

In this section, “financial year” means—

 

(a)    

the period beginning with the day on which this Act is passed and ending;

 

(b)    

each subsequent period of 12 months.

 

(5)    

The Secretary of State must lay each report under this section before Parliament

 

as soon as is reasonably practicable after the end of the financial year to which it

 

relates.”

 


 

Andy McDonald

 

Lilian Greenwood

 

NC20

 

To move the following Clause—

 

         

“Public Sector Operators Amendment

 

(1)    

Section 25 of the Railways Act 1993 (c. 43) (public-sector operators not to be

 

franchisees) does not apply in relation to the franchisee in respect of a franchise

 

agreement—

 

(a)    

which relates wholly or mainly to the provision of one or more Phase One

 

of High Speed 2 passenger services, or

 

(b)    

which relates wholly or mainly to the provision of one or more other

 

services for the carriage of passengers by railway where—

 

(i)    

the services run wholly or partly on the route of Phase One of

 

High Speed 2, and

 

(ii)    

the services are likely to be subject to substantial disruption

 

because of the construction of Phase One of High Speed 2.

 

(2)    

The following may in particular be taken into account in determining whether, for

 

the purposes of subsection (1)(b), services are likely to be subject to substantial

 

disruption—

 

(a)    

the frequency with which the services are likely to be disrupted,

 

(b)    

the duration of the period in which the services are likely to be disrupted

 

(and, in particular, its duration relative to the length of the franchise

 

term),

 

(c)    

the severity of any likely disruption.


 
 

Notices of Amendments: 17 March 2016                  

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

 
 

(3)    

In this section—

 

“franchisee”, “franchise agreement” and “franchise term” have the

 

meanings given by section 23 of the Railways Act 1993 (designated

 

passenger services to be provided under franchise agreements).”

 


 

Andy McDonald

 

Lilian Greenwood

 

Mrs Cheryl Gillan

 

NC21

 

To move the following Clause—

 

         

“Financial Reports

 

(1)    

The Secretary of State must prepare a report on expenditure under this Act in

 

relation to each financial year.

 

(2)    

Each report must contain details of—

 

(a)    

expenditure incurred during the financial year to which the report relates

 

(with capital and resource expenditure specified separately in relation to

 

construction and other activity under this Act and in respect of each head

 

of expenditure referred to in section 1(4)(a) to (c) of the High Speed Rail

 

(Preparation) Act 2013);

 

(b)    

the extent to which expenditure incurred during that year represents an

 

overspend or underspend as against the budget for such expenditure for

 

the year;

 

(c)    

the likely effect of any such overspend or underspend on a total budget

 

of £55.7 billion in 2015 prices (which includes construction and the cost

 

of rolling stock);

 

(d)    

total expenditure incurred under section 67 up to the end of that year;

 

(e)    

sums or assets received in that year in connection with expenditure

 

incurred under this Act, including in relation to section 48.

 

(3)    

In this section, “financial year” means—

 

(a)    

the period beginning with the day on which this Act is passed and ending;

 

(b)    

each subsequent period of 12 months.

 

(4)    

The Secretary of State must lay each report under this section before Parliament

 

as soon as is reasonably practicable after the end of the financial year to which it

 

relates.”

 


 

Dr Rupa Huq

 

Mrs Cheryl Gillan

 

Andy Slaughter

 

NC26

 

Parliamentary Star    

To move the following Clause—

 

         

“Protection of business continuity by extended notice of entry in the case of

 

vulnerable businesses

 

(1)    

If an operator of a business or undertaking believes that the business or

 

undertaking’s continued operation or profitability would be vulnerable if


 
 

Notices of Amendments: 17 March 2016                  

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

 
 

inadequate notice is received of the planned exercise of powers under sections 4,

 

5, 6, 12 or 15 of this Act and the associated schedules, the operator may notify the

 

Secretary of State of this belief.

 

(2)    

For the purposes of subsection (1), “inadequate notice” means a period of notice

 

that would not provide a reasonable amount of time for the business or

 

undertaking to relocate to a new premises and refit that premises to a reasonable

 

standard before the exercise of the powers.

 

(3)    

Upon receipt of such notification, the Secretary of State must facilitate a dialogue

 

with the operator in relation to timing and funding of business relocation, and

 

required notice periods, and shall consider the reasons for the operator’s belief.

 

(4)    

Unless the dialogue provides a satisfactory resolution within three months of

 

initial notification—

 

(a)    

a 12-month minimum notice period shall apply for the exercise of powers

 

mentioned in subsection (1) in relation to the relevant business or

 

undertaking; and

 

(b)    

the early compensation payable to the operator shall be 100%, not 90%,

 

of the estimated relocation costs, and such compensation shall be payable

 

in full, nine months before the anticipated relocation date notified by the

 

operator.”

 


 

Jonathan Edwards

 

NC27

 

Parliamentary Star    

To move the following Clause—

 

         

“Report on classification of HS2 as England-only project

 

Within 3 months of this Act receiving Royal Assent, the Secretary of State must

 

lay before both Houses of Parliament a report on—

 

(a)    

the classification of HS2 as an England-only project for the purposes of

 

Treasury expenditure, and

 

(b)    

how much extra money Wales would receive in terms of Barnett

 

consequential money as a result of such classification.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to produce a report on reclassifying HS2 as

 

an England-only project for the purposes of calculating Treasury expenditure through the Barnett

 

Formula and how much more money Wales would have received as a result.

 

 


 

Andy McDonald

 

Lilian Greenwood

 

15

 

Parliamentary Star - white    

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

 

development plan,”

 



 
 

Notices of Amendments: 17 March 2016                  

7

 

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

 
 

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

 

environmental issues

 

Mrs Cheryl Gillan

 

Mr Steve Baker

 

Victoria Prentis

 

Kelvin Hopkins

 

Sir William Cash

 

Dr Rupa Huq

 

NC5

 

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

 

Mr Steve Baker

 

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.

 

(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.


 
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Revised 18 March 2016