Notices of Amendments: 18 March 2016                  

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

Dr Rupa Huq

NC32

To move the following Clause—

“Review of fairness of rural support zone compensation

The Secretary of State must conduct a review of the reasons for situating the

boundary of the Rural Support Zone in west London which shall be laid before

both House of Parliament within three months of this Bill receiving Royal

Assent.”

Tulip Siddiq

NC34

To move the following Clause—

“Mitigation of construction impacts at Canterbury Works vent shaft

(1)    

Commencement of construction work at the Canterbury Works vent shaft

construction site shall be subject to there being already in place before

construction a traffic management scheme.

(2)    

The traffic management scheme shall include a requirement that construction on

the Canterbury Works site does not entail more than 100 individual heavy duty

vehicle trips per day (50 arriving and 50 departing).

(3)    

It shall be a further requirement of the traffic management plan that trips to be

made by heavy duty vehicles will avoid the beginning and end of the school day.

(4)    

The nominated undertaker will require that all heavy duty vehicles entering or

employed within the London low emission zones be powered by Euro VI (or

lower emission) engines.

(5)    

The nominated undertaker will undertake regular environmental assessments of

dust levels on the premises of St Mary’s Catholic Primary School, particularly in

recreational areas such as the playground.

(6)    

The nominated undertaker will consider on a monthly basis where further

measures at source may be required in order to reduce the effects of pollution, and

publish its findings.

(7)    

The Secretary of State will provide the local authorities in the area of the

Canterbury Works with the funds they deem necessary for additional road safety

measures to ensure children’s safety during construction.

(8)    

During construction, the nominated undertaker and its contractors must maintain

a construction operations website and a telephone helpline staffed 24 hours a day,

7 days a week, to handle enquiries from the general public and local business

regarding construction activities.

(9)    

A log shall be kept of all complaints relating to HS2 construction sites, whether

those complaints are made to HS2, local authorities or the police, and all

complaints, with HS2’s response and action taken in response, should be

published prominently on HS2’s website.

(10)    

Where there is a pattern of repeated infringement of construction site conditions,

HS2 will pay compensation to all those affected.

(11)    

Information regarding vent shaft construction effects and progress must be made

clear through advertisements, on social media, email alerts, local radio and

newspapers.

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

(12)    

Information services must be provided in languages appropriate to the needs of

the area, using the results of a demographic survey.”

Member’s explanatory statement

This new clause seeks to make mitigate the effects of construction at the Canterbury Works site, in

particular in relation to air quality and child health and safety.

Tulip Siddiq

NC35

To move the following Clause—

“Mitigation of construction impacts at Alexandra Place

(1)    

The nominated undertaker will ensure that any HS2-related construction at the

Alexandra Place vent shaft construction site complies with existing air pollution

legislation.

(2)    

The nominated undertaker will explore the possibility of using Loudoun Road for

the loading and unloading of heavy duty vehicles and of moving materials by rail

on tracks running alongside the proposed vent shaft site and shall implement both

possibilities to the full extent possible, with a preference for movement by rail.”

Mrs Cheryl Gillan

Mr Steve Baker

Victoria Prentis

Sir William Cash

Antoinette Sandbach

Keir Starmer

NS1

To move the following Schedule—

“Adjudicator: Status and Funding

1          

The Adjudicator shall be a body corporate.

2    (1)  

Subject to sub-paragraph (3), the Adjudicator shall not be regarded as the

servant or agent of the Crown or any enjoying any status immunity or privilege

of the Crown.

      (2)  

The members of the Adjudicator and of their staff shall not be regarded as civil

servants and the Adjudicator’s property shall not be regarded as property of, or

held on behalf of, the Crown.

      (3)  

In relation to any matter as respects which the Adjudicator act by virtue of a

direction under Section 1.3 the Adjudicator shall enjoy the same privileges,

immunities and exemptions as those enjoyed in relation to that matter by the

Secretary of State for Transport.

      (4)  

Subject to the provisions of any enactment, the Adjudicator shall not be

exempt from any tax, duty, rate, levy or other charge whatever (whether

general or local).

      (5)  

The Adjudicator shall receive such funds from the Secretary of State as he

considers that it needs to perform its functions expeditiously and efficiently.

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

Membership

3    (1)  

The Adjudicator shall consist of not less than 8 and not more than 17 members.

      (2)  

The members shall be appointed by the Secretary of State, who shall appoint

one of them to be chairman and may appoint another of them to be deputy

chairman.

      (3)  

In appointing any member, the Secretary of State shall have regard to the

desirability of the members as a whole having knowledge or experience of all

the following, namely railway construction and operation, the preservation of

cultural heritage, town and country planning, ecology, arboriculture,

landscape, and air quality.

      (4)  

In appointing members, the Secretary of State shall have regard to the

desirability of at least one of them having knowledge of local government (as

well as knowledge or experience of one or more of the subjects mentioned in

sub-paragraph (3)).

      (5)  

Subject to the following provisions of this paragraph, a chairman, deputy

chairman or other member shall hold and vacate office in accordance with the

terms of his appointment, but no member shall be appointed for a period of

more than 5 years.

      (6)  

A chairman, deputy chairman or member may resign his office by notice in

writing addressed to the Secretary of State.

      (7)  

If the Secretary of State is satisfied that a member—

(a)    

has been absent from meetings of the Adjudicator for a period longer

than 3 consecutive months without the consent of the Adjudicator, or

(b)    

has become bankrupt or has made an arrangement with his creditors,

or

(c)    

is incapacitated by physical or mental illness, or

(d)    

is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may remove him from his office

      (8)  

If a chairman or deputy chairman ceases to be a member he shall also cease to

be chairman or deputy chairman; and if a chairman or deputy chairman ceases

to be chairman or deputy chairman he shall also cease to be a member.

      (9)  

A person who ceases to be a member, otherwise than by virtue of sub-

paragraph (7), or ceases to be chairman or deputy chairman, shall be eligible

for re-appointment.

Staff

4    (1)  

There shall be a chief officer of the Adjudicator who shall be appointed by the

Adjudicator with the approval of the Secretary of State.

      (2)  

The chief officer shall be responsible to the Adjudicator for the general

exercise of the Adjudicator’s functions and may, subject to the directions of the

Adjudicator, exercise all the powers of the Adjudicator either himself or

through nominated staff members.

      (3)  

The Adjudicator may appoint such other employees as the Adjudicator thinks

fit.

      (4)  

The Adjudicator shall pay to their employees such remuneration and

allowances as the Adjudicator may determine.

      (5)  

The employees shall be appointed on such other terms and conditions as the

Adjudicator may determine.

      (6)  

The Adjudicator may pay such pensions, allowances or gratuities as they may

determine to or in respect of any of their employees, make such payments as

they may determine towards the provision of pensions, allowances or gratuities

to or in respect of any of their employees or provide and maintain such

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

schemes as they may determine (whether contributory or not) for the payment

of pensions, allowances or gratuities to or in respect of any of their employees.

      (7)  

The references in sub-paragraph (6) to pensions, allowances or gratuities to or

in respect of any employees include references to pensions, allowances

or gratuities by way of compensation to or in respect of employees who suffer

loss of office or employment.

      (8)  

A determination under sub-paragraph (4), (5) or (6) is ineffective unless made

with the approval of the Secretary of State given with the Treasury’s consent.

      (9)  

The Adjudicator shall make, not later than such date as the Secretary of State

may determine, an offer of employment by the Adjudicator to each person

employed in the civil service of the State whose name is notified to the

Adjudicator by the Secretary of State for the purposes of this paragraph.

    (10)  

The terms of the offer shall be such that they are, taken as a whole, not less

favourable to the person to whom the offer is made than the terms on which he

is employed on the date on which the offer is made.

    (11)  

In determining whether the terms of the offer are more or less favourable to

that person than those enjoyed by him on the date of the offer no account shall

be taken of the fact that employment with the Adjudicator is not employment

in the service of the Crown.

    (12)  

An offer made in pursuance of this paragraph shall not be revocable during the

period of 3 months beginning with the date on which it is made.

    (13)  

Where a person becomes an employee of the Adjudicator in consequence of

this paragraph, then, for the purposes of his period of employment in the civil

service of the State shall count as a period of employment by the Adjudicator

and the change of employment shall not break the continuity of the period of

employment.

    (14)  

Any dispute arising under this paragraph as to whether or not the terms of any

employment offered by the Adjudicator are, taken as a whole, less favourable

than those applying to a person’s employment in the civil service of the State

shall be referred to and determined by an employment tribunal.

    (15)  

An employment tribunal shall not consider a complaint whereby a dispute

mentioned in sub-paragraph (6) is referred to it unless the complaint is

presented to the tribunal before the end of the period of 3 months beginning

with the date of the offer of employment or within such further period as the

tribunal considers reasonable in a case where it is satisfied that it was not

reasonably practicable for the complaint to be presented before the end of the

period of 3 months.

    (16)  

An appeal shall lie to the Employment Appeal Tribunal on a question of law

arising from any decision of, or arising in proceedings before, an employment

tribunal under this paragraph; and no appeal shall lie except to the Employment

Appeal Tribunal from any decision of an employment tribunal under this

paragraph.

Proceedings

5          

Subject to the following provisions of this Schedule, the Adjudicator may

regulate their own procedure (including quorum).

6    (1)  

A member of the Adjudicator who is in any way directly or indirectly

interested in a contract made or proposed to be made by the Adjudicator or by

HS2 Limited or by any Nominated Undertaker appointed by the Secretary of

State, or in any other matter which falls to be considered by the Adjudicator,

shall disclose the nature of his interest at a meeting of the Adjudicator.

      (2)  

The disclosure shall be recorded in the minutes of the meeting.

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

      (3)  

A member shall not—

(a)    

where a contract in which the member is interested is under

consideration, take part in the deliberations on or decision about the

contract; and

(b)    

where any other matter in which the member is interested is under

consideration, take part in the deliberations on or decision about the

matter if the Adjudicator decide that the member’s interest might

prejudicially affect his consideration of the matter.

      (4)  

For the purposes of this paragraph, a notice given by a member at a meeting of

the Adjudicator to the effect that he is a member of a specified body corporate

or firm and is to be regarded as interested in any contract which is made with

the body corporate or firm after the date of the notice, and in any other matter

concerning the body corporate or firm which falls to be considered after that

date, shall be a sufficient disclosure of his interest.

      (5)  

A member need not attend in person at a meeting of the Adjudicator in order

to make a disclosure which he is required to make under this paragraph if he

takes reasonable steps to secure that the disclosure is made by a notice which

is taken into consideration and read at such a meeting.

      (6)  

The validity of any proceedings of the Adjudicator shall not be affected by any

vacancy among the members, or by any defect in the appointment of any

person as a member or chairman or deputy chairman, or by a failure to comply

with paragraph 6.

Committees

7    (1)  

The Adjudicator shall constitute at least one committee to advise them on

ecology and at least one to advise them on compliance by HS2 Ltd with its

obligations under the Environmental Statement and at least one to advise them

on the efficacy of such compensation schemes which are implemented by HS2

Ltd and the Department for Transport and may constitute other committees to

advise them on those or other aspects of their functions.

      (2)  

The Adjudicator may include as members of committees persons who are not

members of the Adjudicator.

      (3)  

The Adjudicator may regulate the proceedings (including quorum) of

committees.

      (4)  

The Adjudicator may pay to the members of any committee such reasonable

allowances in respect of expenses or loss of remuneration as the Secretary of

State may determine with the Treasury’s approval.

Instruments

8    (1)  

The fixing of the seal of the Adjudicator shall be authenticated by the signature

of the chairman of or some other person authorised either generally or specially

by the Adjudicator to act for that purpose.

      (2)  

A document purporting to be duly executed under the seal of the Adjudicator,

or to be signed on the Adjudicator’s behalf, shall be received in evidence and,

unless the contrary is proved, be deemed to be so executed or signed.

Members Remuneration

9    (1)  

The Adjudicator shall pay to members of the Adjudicator such remuneration

and such allowances in respect of expenses as the Secretary of State may

determine with the Treasury’s approval.

      (2)  

In the case of any such member or past member of the Adjudicator as the

Secretary of State may with the Treasury’s approval determine, the

Adjudicator shall pay such pension, allowance or gratuity to or in respect of

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

him, or make such payment towards the provision of such a pension, allowance

or gratuity, as the Secretary of State may so determine.

      (3)  

Where a person ceases to be a member of the Adjudicator, and it appears to the

Secretary of State that there are special circumstances which make it right for

that person to receive compensation, the Secretary of State may, with the

Treasury’s approval, direct the Adjudicator to make to that person a payment

of such amount as the Secretary of State may determine with the Treasury’s

approval.

Accounts

10  (1)  

The Adjudicator shall keep proper accounts and proper records in relation to

them.

      (2)  

The Adjudicator shall prepare a statement of accounts in respect of each

financial year.

      (3)  

The statement shall give a true and fair view of the state of the Adjudicator’s

affairs at the end of the financial year and of the Adjudicator’s income and

expenditure in the financial year.

      (4)  

The statement shall—

(a)    

be prepared within such period as the Secretary of State may direct;

and

(b)    

comply with any directions given by the Secretary of State with the

Treasury’s consent as to the information to be contained in the

statement, the manner in which the information is to be presented or

the methods and principles according to which the statement is to be

prepared.

      (5)  

The accounts in respect of each financial year ending on or before 31st March

2018 (including any statement of accounts in respect of each such financial

year prepared under this paragraph) shall be audited by persons appointed in

respect of each financial year by the Secretary of State.

      (6)  

No person shall be appointed auditor under this paragraph unless he is—

(a)    

eligible for appointment as a statutory auditor under Part 42 of the

Companies Act 2006; or

(b)    

a member of the Chartered Institute of Public Finance and

Accountancy; but a firm may be so appointed if each of its members

is qualified to be so appointed.

      (7)  

Where the Adjudicator has prepared a statement of accounts in respect of a

financial year ending on or after 31st March 2016, it must, as soon as

reasonably practicable after the end of the financial year to which the statement

relates, send a copy of the statement to the Comptroller and Auditor General.

      (8)  

The Comptroller and Auditor General shall examine, certify and report on any

statement of accounts sent to him under sub-paragraph (7).

      (9)  

In this paragraph “financial year” means the period commencing with the day

of the Adjudicator’s establishment and ending with the second 31 March

following that day, and each successive period of 12 months.

Information

11  (1)  

The Adjudicator shall make to the Secretary of State, as soon as may be

practicable after the end of each financial year, a report on the exercise of their

functions since the last report was made or (in the case of the first) since the

Adjudicator’s establishment.

      (2)  

Each report shall include a copy of the statement of accounts prepared and

audited under paragraph 11 in respect of the financial year and, where the

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statement has been audited by the Comptroller and Auditor General, a copy of

his report on it.

      (3)  

Each report of the Adjudicator shall include a statement of action taken by the

Adjudicator concerning—

(a)    

The compliance by HS2 Ltd with the commitments made in the Phase

1 Environmental Statement,

(b)    

The adequacy of the mitigation measures undertaken by HS2 Limited

and any Nominated Undertaker concerning construction of the line,

(c)    

Recommendations concerning any additional mitigation measures

required to ensure adequate environmental mitigation,

(d)    

The assessment of reasonable practicability undertaken by the

nominated undertaker,

(e)    

The Secretary of State shall lay a copy of each report of the

Adjudicator before each House of Parliament,

(f)    

As soon as may be after receiving any report made by the auditors on

any accounts audited under paragraph 12 or, as the case may be, made

by the Comptroller and Auditor General on any statement of accounts

prepared under that paragraph, the Adjudicator shall send a copy of the

report to the Secretary of State,

(g)    

The Adjudicator shall furnish the Secretary of State with such

information relating to their property and the discharge and proposed

discharge of their functions as he may require, and for that purpose

they shall permit any person authorised by him to inspect and make

copies of any accounts or other documents of the Adjudicator and shall

give such explanation of them as that person or the Secretary of State

may require and

(h)    

In this paragraph “financial year” has the same meaning as in

paragraph 10.

House of Commons disqualification

12  (1)  

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975

(disqualifying offices), there shall be inserted at the appropriate place in

alphabetical order—

      (2)  

“Any member, in receipt of remuneration, of the Adjudicator.””

Mrs Caroline Spelman

NS2

To move the following Schedule—

“Designated areas and classes for vehicles (Specific)

Designated area

The A452 road, Balsall Common, between its junction with Windmill Lane

and the bridge over the Rugby and Birmingham railway.

Designated class

A vehicle exceeding 8 tonnes.