1

House of Commons

Notices of Amendments

given up to and including

Friday 18 March 2016

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 17, NC33-NC35

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withdrawn amendments at the end.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

Antoinette Sandbach

NC1

To move the following Clause—

Notices of Amendments: 18 March 2016                  

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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

Antoinette Sandbach

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.

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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

Antoinette Sandbach

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

Antoinette Sandbach

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: 18 March 2016                  

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

Andy McDonald

Mr Steve Baker

Lilian Greenwood

Antoinette Sandbach

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.

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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

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

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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

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.

Sir William Cash

NC33

To move the following Clause—

“Compensation

(1)    

Within three months of this Bill receiving Royal Assent, the Secretary of State

shall lay before both Houses of Parliament a report responding to a review of

compensation applicable to those affected by HS2 Phases One and Two which

shall by then have reported in accordance with directions already issued.

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

(2)    

The review shall consider the following—

(a)    

whether a compensation framework based on a property bond system

could be an equally or more effective means of compensating those

affected by blight from HS2 construction and operation while

maintaining a functioning property market, having due regard to

demands on public expenditure and investment;

(b)    

whether the current rateable value limit for compensation and blight

claims by owner-occupiers of business premises should be abolished or

amended;

(c)    

whether loss payment ceilings are fair and appropriate;

(d)    

whether a higher proportion of advance compensation for relocation than

the current 90% should be payable in certain instances;

(e)    

whether the time limits for claiming compensation where no land is taken

should be re-evaluated;

(f)    

the position of those affected by blight caused by HS2 whose property is

subject to mortgage and who may find themselves unable to remortgage

or in a position of negative equity as a result of such blight;

(g)    

whether those considering a claim for compensation should receive

advance payment of fees for professional advice.”

Andy McDonald

Lilian Greenwood

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

development plan,”

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.