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| | (4) | Where an offence under any provision of this Act committed by a body corporate |
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| | is proved to have been committed with the consent or connivance of, or to have |
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| | been attributable to any neglect on the part of, any director, manager, secretary or |
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| | other similar officer of the body corporate or a person who was purporting to act |
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| | in any such capacity, he as well as the body corporate shall be guilty of that |
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| | offence and shall be liable to be proceeded against and punished accordingly.” |
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| | To move the following Clause— |
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| | | “Chilterns AONB Review Group |
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| | (1) | A Chilterns Area of Outstanding Natural Beauty Review Group shall be |
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| | (2) | The members of the group shall include Buckinghamshire County Council, |
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| | Chilterns District Council, Wycombe District Council, Aylesbury Vale District |
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| | Council, the Chilterns Conservation Board, Natural England, key community |
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| | groups and the nominated undertaker. |
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| | (3) | The purpose of the group shall be to identify measures for environmental |
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| | enhancement in the Chilterns to mitigate against the impact of HS2 railway |
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| | (4) | The group shall elect a Chair, who shall not be an employee of the nominated |
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| | (5) | The group shall receive such funds from the Secretary of State as it considers |
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| | necessary to perform its functions expeditiously and efficiently. |
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| | (6) | The group shall make a twice yearly report with recommendations. |
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| | (7) | In the event that the Secretary of State does not accept any recommendation of |
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| | the group, they shall make a statement to the House within three months of the |
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| | date of the report, indicating reasons.” |
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| | Member’s explanatory statement
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| | This new clause is intended to give statutory backing to the establishment and powers of the |
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| | Chilterns AONB Review Group. |
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| | To move the following Clause— |
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| | | “Obligation to plant trees |
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| | (1) | The nominated undertaker must publish plans to plant the Referenced Trees |
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| | within the Construction Period and make arrangements for their maintenance for |
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| | a period of 10 years from the commencement of services on Phase 1 of HS2. |
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| | (2) | The nominated undertaker must provide an annual report to Parliament which |
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| | (a) | the progress made on planting of the Referenced Trees, |
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| | (b) | the number and species of trees planted since the publication of the |
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| | (c) | the position of the trees, groups of trees or woodlands, as the case may |
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| | be, by reference to a map, |
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| | (d) | the adequacy of arrangements to manage Referenced Trees which have |
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| | (3) | In subsections (1) and (2) “Referenced Trees” shall mean the trees planted to meet |
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| | the commitment of two million additional trees to be situated adjacent to Phase 1 |
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| | of HS2 as set out in the environmental statement referenced in Clause 66(4). In |
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| | subsection (1) Construction Period shall mean the period between |
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| | commencement of the Scheduled Works and the commencement of operational |
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| | service on Phase One of High Speed 2.” |
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| | To move the following Clause— |
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| | | “Office of the HS2 Adjudicator |
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| | (1) | There is to be a body corporate known as the Office of the HS2 Adjudicator |
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| | hereinafter referred to as “the Adjudicator”. |
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| | (2) | Schedule [Adjudicator: status and funding] (which makes further provision about |
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| | the Adjudicator) shall have effect. |
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| | (3) | The Adjudicator has the functions conferred on it by or under any enactment. |
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| | (4) | Those functions include— |
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| | (b) | inspection functions, |
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| | (c) | information functions. |
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| | (5) | The main objective of the Adjudicator in performing its functions is to protect the |
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| | natural environment and communities impacted by the construction and |
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| | operation of Phase 1 of High Speed 2. |
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| | (6) | The Adjudicator is to perform its functions for the general purpose of securing— |
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| | (a) | the minimisation of adverse impacts on communities and the natural |
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| | environment situated in locations affected by the construction or |
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| | operation of Phase 1 of HS2, |
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| | (b) | the provision of additional mitigation measures in the event the |
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| | environmental impacts of the operation of HS2 are worse than as set out |
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| | in the environmental statement prepared in accordance with section |
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| | To move the following Clause— |
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| | | “Matters to which the Adjudicator must have regard |
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| | (1) | In performing its functions the Adjudicator must have regard to— |
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| | (a) | the views expressed by or on behalf of the members of the public or |
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| | organisations about the environmental impacts of constructing Phase |
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| | (b) | the views expressed by people affected by the construction and operation |
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| | (c) | the views expressed by local authorities about the impact of constructing |
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| | and operating Phase One of HS2 in their areas, |
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| | (d) | the need to protect the natural environment and minimise environmental |
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| | impacts arising from the construction and operation of Phase One of |
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| | (e) | the need to ensure that any action by the Adjudicator in relation to its |
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| | areas of responsibility is proportionate to the risks against which it would |
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| | afford safeguards and is targeted only where it is needed, |
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| | (f) | any developments in approaches to monitoring and mitigating |
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| | environmental impacts arising from the construction or operation of |
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| | (g) | best practice among persons performing functions comparable to those of |
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| | the Adjudicator (including the principles under which regulatory action |
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| | should be transparent, accountable and consistent). |
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| | (2) | In performing its functions the Adjudicator must also have regard to such aspects |
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| | of government policy as the Secretary of State may direct.” |
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| | To move the following Clause— |
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| | | “ Statement on stakeholder involvement |
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| | (1) | The Adjudicator must publish a statement describing how it proposes to— |
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| | (a) | discharge its oversight requirements to ensure environmental outcomes |
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| | reflect the forecasts set out in the environmental statement referenced in |
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| | (b) | promote engagement and discussion with the nominated undertaker and |
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| | impacted communities concerning adequate levels of mitigation, |
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| | (c) | ensure that proper regard is had to views expressed by non-government |
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| | organisations and local authorities concerning the environmental impacts |
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| | arising from the construction and operation of Phase One of High Speed |
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| | (d) | arrange for accurate regular reporting of environmental impacts arising |
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| | from the construction of the scheduled works and operation of Phase One |
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| | (2) | The Adjudicator may from time to time revise the statement and must publish any |
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| | (3) | Before publishing the statement (or any revised) statement the Adjudicator must |
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| | consult such persons it considers appropriate.” |
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| | To move the following Clause— |
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| | | “ Compliance with requirements |
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| | (1) | The Adjudicator will keep under review compliance by HS2 Ltd, the nominated |
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| | undertaker and its contractors with the standards detailed in the environmental |
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| | statement, Environmental Minimum Requirements and the Code of Construction |
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| | Practice and the assurances and undertakings provided by the Secretary of State |
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| | on HS2 and Information Papers prepared by HS2 Ltd (collectively the |
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| | “environmental documents”). |
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| | (2) | If it appears to the Adjudicator that any person has failed or is likely to fail to |
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| | comply with any requirements for which he is responsible set out in the |
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| | environmental documents relating to the construction or operation of Phase One |
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| | of High Speed 2, the Adjudicator (hereinafter referred to in this section as the |
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| | “relevant requirements”) may address to that person an enforcement notice. |
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| | (3) | An enforcement notice comes into effect 36 hours after it is published on the |
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| | website of the Adjudicator. |
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| | (4) | The Adjudicator must also transmit an electronic version to HS2 Ltd, any |
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| | nominated undertaker or contractor to the aforementioned, or local authority who |
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| | has supplied to the Adjudicator an email address for this purpose. |
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| | (5) | An enforcement notice must also be placed on a hard copy register maintained at |
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| | such a location as the Adjudicator may determine. |
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| | (6) | An enforcement notice is a notice in writing— |
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| | (a) | specifying the matters which appears to the Adjudicator to constitute a |
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| | failure to comply with the relevant requirements set out in the |
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| | environmental documents, and |
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| | (b) | prohibiting the recurrence or occurrence of those matters and requiring |
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| | the person to whom it is addressed to carry out any specified works or |
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| | take any steps which the Adjudicator considers necessary to ensure |
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| | compliance with the relevant requirements detailed in the environmental |
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| | (7) | Where any person suffers loss or damage as a result of any matter specified in an |
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| | enforcement notice, whether that loss or damage occurs before or after the service |
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| | of the enforcement notice, he may recover damages for that loss or damage in a |
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| | civil court from the person on whom the enforcement notice was served |
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| | (8) | It shall be a defence to any claim under subsection (7) above to prove that the |
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| | matters alleged to constitute non compliance have not occurred or that they do not |
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| | constitute non compliance with the relevant requirements |
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| | (9) | If any person fails to comply with the requirements of an enforcement notice he |
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| | shall be guilty of an offence. |
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| | (10) | A person guilty of an offence under this section shall be punishable on summary |
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| | conviction by a fine not exceeding £20,000 and on conviction on indictment to a |
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| | (11) | It shall be a defence to any criminal proceedings under subsection (9) claim to |
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| | (a) | the matters alleged to constitute non compliance have not occurred, |
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| | (b) | that they do not constitute non compliance with the relevant requirements |
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| | or that any required works or steps were not necessary to achieve |
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| | compliance with the relevant requirements or |
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| | (c) | that despite due diligence he was unaware of the provision of the notice. |
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| | (12) | Where an offence under any provision of this Act committed by a body corporate |
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| | is proved to have been committed with the consent or connivance of, or to have |
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| | been attributable to any neglect on the part of, any director, manager, secretary or |
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| | other similar officer of the body corporate or a person who was purporting to act |
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| | in any such capacity, he as well as the body corporate shall be guilty of that |
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| | offence and shall be liable to be proceeded against and punished accordingly.” |
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| | To move the following Clause— |
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| | (1) | The Adjudicator may for the purposes of its regulatory functions carry out |
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| | (a) | the carrying on of the Scheduled Works, or |
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| | (b) | the operation of any train travelling on Phase One of HS2. |
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| | (2) | The Adjudicator may undertake or promote comparative or other studies |
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| | designed to enable it to make recommendations— |
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| | (a) | for improving sustainability and effectiveness in any activity mentioned |
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| | (b) | for improving the management of environmental outcomes arising from |
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| | the operation of Phase One of HS2. |
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| | (3) | Those activities are— |
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| | (a) | the undertaking of construction activity by HS2 Ltd or a nominated |
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| | (b) | the making of arrangements by HS2 Ltd or a nominated undertaker for |
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| | the purpose of environmental mitigation. |
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| | (4) | The Adjudicator may also undertake or promote studies designed to enable it to |
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| | prepare reports as to the impact of— |
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| | (a) | the operation of any particular statutory provisions, or |
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| | (b) | any directions or guidance given by a Minister of the Crown (whether |
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| | pursuant to any such provisions or otherwise), |
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| | | on economy, efficiency and effectiveness in an activity mentioned in subsection |
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| | (5) | The Adjudicator must undertake or promote a study falling within subsection (2) |
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| | or (4) if the Secretary of State so requests. |
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| | (6) | The Adjudicator must publish— |
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| | (a) | any recommendations made by it under subsection (2) and |
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| | (b) | the result of any studies undertaken or promoted under that section. |
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| | (7) | The Secretary of State may, after consulting the Adjudicator, by regulations make |
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| | provisions as to the procedure to be followed in respect of the making of |
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| | representatives to the Adjudicator before the publication under subsection (2) of |
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| | any recommendations or the result of any studies.” |
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| | To move the following Clause— |
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| | | “ Power to require documents, information returns etc. |
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| | (1) | The Adjudicator may require any person mentioned in subsection (2) to provide |
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| | it with any information, documents, records or other items which the Adjudicator |
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| | considers it necessary or expedient to have for the purposes of any of its |
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| | (b) | a nominated undertaker, |
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| | (c) | any contractor appointed by HS2 Limited or a nominated undertaker. |
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| | (3) | The power in subsection (1) to require the provision of information, documents |
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| | or records includes, in relation to information, documents or records kept by |
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| | means of a computer, power to require the provision of the information, |
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| | documents or records in legible form. |
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| | (4) | The Adjudicator may require a nominated undertaker to make a return to the |
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| | Adjudicator at such intervals as may be prescribed. |
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| | (5) | Provision may be made in such requirements as to the contents of the return and |
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| | the period in respect of which and date by which it is to be made.” |
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