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High Speed Rail (London - West Midlands) Act 2017

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  1. Introductory Text

  2. Works

    1. 1.Power to construct and maintain works for Phase One of High Speed 2

    2. 2.Further provision about works

    3. 3.Highways

  3. Compulsory acquisition of land

    1. 4.Power to acquire land compulsorily

    2. 5.Acquisition of rights in land

    3. 6.Acquisition of part of land

    4. 7.Acquisition of airspace

    5. 8.Acquisition of subsoil or under-surface

    6. 9.Highway subsoil

    7. 10.Termination of power to acquire land

    8. 11.Amendments consequential on the Housing and Planning Act 2016

  4. Extinction and exclusion of rights over land

    1. 12.Extinction of rights over land

    2. 13.Extinction of rights of statutory undertakers

    3. 14.Exclusion of new rights of way

  5. Temporary possession and use of land

    1. 15.Temporary possession and use of land

    2. 16.Use of roads

    3. 17.Cranes

    4. 18.Enforcement of restrictions on land use

    5. 19.Compensation for injurious affection

  6. Planning

    1. 20.Deemed planning permission

    2. 21.Time limit on deemed planning permission

    3. 22.Power to disapply deemed planning permission

    4. 23.Parking at Birmingham Interchange: limit on deemed planning permission

    5. 24.Development consent

  7. Deregulation

    1. 25.Listed buildings

    2. 26.Ancient monuments

    3. 27.Burial grounds

    4. 28.Consecrated land

    5. 29.Commons and open spaces

    6. 30.Trees

    7. 31.Overhead lines

    8. 32.Water

    9. 33.Buildings

    10. 34.Street works

    11. 35.Traffic

    12. 36.Lorries

    13. 37.Noise

    14. 38.Local Acts

  8. Railway matters

    1. 39.Objectives of Office of Rail and Road

    2. 40.Disapplication of licensing requirement in pre-operational phase

    3. 41.Disapplication of statutory closure provisions

    4. 42.Other railway legislation etc

    5. 43.Co-operation

    6. 44.Transfer of functions relating to works

  9. Nominated undertaker and other Phase One function-holders

    1. 45.Nominated undertaker

    2. 46.Transfer schemes

  10. Statutory undertakers

    1. 47.Extension of planning permission for statutory undertakers

    2. 48.Protective provisions

  11. Reinstatement and environmental works

    1. 49.Compulsory acquisition of land for relocation

    2. 50.Power to carry out reinstatement works

    3. 51.Enforcement of environmental covenants

  12. Further high speed rail works

    1. 52.Works in Scotland for Phase One purposes

    2. 53.Power to apply Act to further high speed rail works

    3. 54.Rights of entry for further high speed rail works

    4. 55.Exercise of rights of entry

  13. Grants

    1. 56.Grants for affected communities and businesses etc

  14. The Crown

    1. 57.Application of powers to Crown land

    2. 58.Highways for which Secretary of State is highway authority

    3. 59.Crown Estate

    4. 60.Royal parks

  15. Deposited plans and sections

    1. 61.““Deposited plans”” and ““deposited sections””

    2. 62.Correction of deposited plans

  16. Miscellaneous and general

    1. 63.Environmental Impact Assessment Regulations

    2. 64.Arbitration

    3. 65.Notices and other documents

    4. 66.Vocational qualifications

  17. Interpretation

    1. 67.““Phase One purposes””

    2. 68.Interpretation

  18. Final

    1. 69.Financial provision

    2. 70.Commencement and short title

  19. SCHEDULES

    1. SCHEDULE 1

      Scheduled works

      1. Construction requirements

        1. 1.(1) The scheduled works must be constructed—

      2. Description of scheduled works

        1. London Borough of Camden, City of Westminster, London Borough of...

    2. SCHEDULE 2

      Works

      1. Part 1 Further and supplementary provisions

        1. Authority to survey and investigate land etc

          1. 1.(1) The nominated undertaker may for the purposes of this...

        2. Support of buildings

          1. 2.(1) The nominated undertaker may support or strengthen a building...

          2. 3.(1) The nominated undertaker may, at any time within the...

          3. 4.(1) The nominated undertaker may, for a purpose mentioned in...

          4. 5.(1) Paragraphs 2 to 4 apply in relation to—

          5. 6.(1) This paragraph has effect for the purposes of paragraphs...

        3. Trees on neighbouring land

          1. 7.(1) This paragraph applies where— (a) a tree overhangs land...

        4. Discharge of water

          1. 8.(1) The nominated undertaker may use any watercourse or any...

        5. Temporary interference with waterways

          1. 9.(1) The powers under this paragraph are exercisable in relation...

        6. Electronic communications apparatus

          1. 10.(1) The nominated undertaker may, in installing any electronic communications...

        7. Level crossings

          1. 11.(1) The nominated undertaker may construct Work No 2/39 so...

      2. Part 2 Exercise of powers of entry etc

        1. 12.(1) This paragraph applies where the nominated undertaker has a...

        2. 13.(1) This paragraph applies where the nominated undertaker proposes to...

        3. 14.(1) Where the nominated undertaker exercises any power under paragraphs...

    3. SCHEDULE 3

      Overhead line diversions

    4. SCHEDULE 4

      Highways

      1. Part 1 Highway access

        1. 1.(1) The nominated undertaker may, for Phase One purposes—

      2. Part 2 Interference with highways

        1. Stopping-up

          1. 2.(1) The nominated undertaker may, for the purposes of or...

          2. 3.(1) The nominated undertaker may, for the purposes of or...

          3. 4.(1) On a highway or part of a highway being...

        2. Permanent obstruction

          1. 5.(1) The powers under section 2(1), (3) and (5) may...

        3. Temporary interference

          1. 6.(1) For the purposes of the works authorised by this...

        4. Street works

          1. 7.(1) The nominated undertaker may, for the purposes of the...

          2. 8.(1) Works executed under this Act in relation to a...

        5. Working sites in highways

          1. 9.Any highway or part of a highway which is stopped...

      3. Part 3 Construction and maintenance of highways

        1. Construction and alteration

          1. 10.(1) Where under this Act the nominated undertaker—

          2. 11.(1) Sub-paragraph (2) applies where under this Act the nominated...

          3. 12.(1) Where under this Act the nominated undertaker is authorised...

          4. 13.(1) This paragraph applies in relation to a work authorised...

        2. Maintenance

          1. 14.(1) Sub-paragraph (2) applies where under this Act the nominated...

          2. 15.Where the nominated undertaker is responsible for maintaining a bridge...

          3. 16.Section 58(1) and (2) of the Highways Act 1980 (special...

          4. 17.Notwithstanding anything in section 46 of the Railways Clauses Consolidation...

        3. Bridges carrying highways

          1. 18.Each of sections 116 and 117 of the Transport Act...

      4. Part 4 Tables relating to Part 2 of Schedule

        1. TABLE 1 (1) (2) Area Highway or part to be...

    5. SCHEDULE 5

      Acquisition of land for particular purposes

      1. The purposes for which land specified in the following table...

    6. SCHEDULE 6

      Acquisition of land: application of compulsory purchase legislation

      1. Land Clauses Consolidation Act 1845 (c. 18)

        1. 1.The Land Clauses Consolidation Act 1845 does not apply to...

      2. Compulsory Purchase Act 1965 (c. 56)

        1. 2.(1) In its application by virtue of section 4(3), the...

      3. Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

        1. 3.In its application by virtue of section 4(4), the Compulsory...

      4. Acquisition of Land Act 1981 (c. 67)

        1. 4.(1) Section 4 of the Acquisition of Land Act 1981...

    7. SCHEDULE 7

      Acquisition of rights in land: power to impose restrictive covenants

    8. SCHEDULE 8

      Land in which only rights may be acquired compulsorily

    9. SCHEDULE 9

      Acquisition of rights in land: application of compulsory purchase legislation

      1. Compulsory Purchase Act 1965 and compensation enactments

        1. 1.Part 1 of the Compulsory Purchase Act 1965 (referred to...

        2. 2.(1) The modifications referred to in paragraph 1(a) are as...

      2. Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments

        1. 3.(1) The Compulsory Purchase (Vesting Declarations) Act 1981 (“"the 1981...

        2. 4.(1) The modifications referred to in paragraph 3(1)(a) are as...

    10. SCHEDULE 10

      Acquisition of part of land only

      1. 1.Acquisition of part of land only

      2. 2.Acquisition of part of land only

      3. 3.Acquisition of part of land only

    11. SCHEDULE 11

      Land with restrictions relating to surface acquisition

      1. Restriction of power of compulsory acquisition to land under the surface

        1. 1.In the case of land specified in the following table,...

      2. Restriction of power of compulsory acquisition to land under the surface or rights of passage

        1. 2.(1) In the case of land specified in the following...

      3. Supplementary

        1. 3.(1) Paragraphs 1 and 2 are subject to any power...

    12. SCHEDULE 12

      Highways: restrictions on powers to use subsoil and acquire land

    13. SCHEDULE 13

      Right to require acquisition where time limit extended

      1. 1.(1) If the Secretary of State makes an order under...

      2. 2.(1) Sub-paragraph (2) applies if a person with a qualifying...

      3. 3.(1) Where a person gives the Secretary of State a...

      4. 4.(1) References in this Schedule to the ““applicable compulsory acquisition...

    14. SCHEDULE 14

      Amendments consequential on the Housing and Planning Act 2016

      1. 1.Omit section 6.

      2. 2.In section 7(2) (acquisition of airspace), for paragraphs (a) and...

      3. 3.In section 8(2) (acquisition of subsoil or under-surface), for paragraphs...

      4. 4.In section 49 (compulsory acquisition of land for relocation)—

      5. 5.(1) Paragraph 2 of Schedule 6 (acquisition of land: application...

      6. 6.For paragraph 3 of Schedule 6 (acquisition of rights in...

      7. 7.This is the section referred to in paragraph 3(a) of...

      8. 8.(1) Paragraph 2 of Schedule 9 (acquisition of rights in...

      9. 9.In paragraph 4 of Schedule 9 (acquisition of rights in...

      10. 10.Omit Schedule 10.

    15. SCHEDULE 15

      Extinction of rights over land

      1. Land to which Schedule applies

        1. 1.This Schedule applies to— (a) land within the Act limits...

      2. Private rights

        1. 2.(1) All private rights over land within paragraph 1(a) are...

        2. 3.(1) The Secretary of State may, in relation to a...

        3. 4.(1) Any person who suffers loss by the extinction of...

      3. General rights

        1. 5.(1) All general rights over land within paragraph 1(a) are...

        2. 6.(1) The Secretary of State may, in relation to a...

      4. Meaning of ““the appropriate time””

        1. 7.(1) References in this Schedule to ““the appropriate time”” are...

      5. Amendments to registers of common land or town or village greens

        1. 8.(1) This paragraph applies where— (a) the Secretary of State...

      6. Interpretation

        1. 9.In this Schedule— (a) references to section 11(1) of the...

    16. SCHEDULE 16

      Temporary possession and use of land

      1. Part 1 Temporary possession for construction of works

        1. Right to enter upon and take possession of land

          1. 1.(1) The nominated undertaker may enter upon and take possession...

        2. Exceptions

          1. 2.(1) Paragraph 1(2) does not apply in relation to—

        3. Powers exercisable on land of which temporary possession has been taken

          1. 3.(1) Where under paragraph 1(1) or (2) the nominated undertaker...

        4. Procedure and compensation

          1. 4.(1) Not less than 28 days before entering upon and...

          2. 5.(1) Before giving up possession of land of which possession...

          3. 6.(1) The Secretary of State may make regulations modifying the...

      2. Part 2 Temporary possession for maintenance of works

        1. Right to enter upon and take possession of land

          1. 7.(1) At any time during the maintenance period relating to...

        2. Procedure and compensation

          1. 8.(1) Not less than 28 days before entering upon and...

      3. Part 3 Suspension of rights and enforcement

        1. Suspension of rights relating to land

          1. 9.(1) All private rights over land of which the nominated...

          2. 10.(1) All general rights over land of which the nominated...

        2. Enforcement

          1. 11.(1) Section 13 of the Compulsory Purchase Act 1965 (refusal...

      4. Part 4 Land which may be occupied and used for construction of works

    17. SCHEDULE 17

      Conditions of deemed planning permission

      1. Part 1 Conditions

        1. Introductory

          1. 1.The requirements in paragraphs 2 to 12 are conditions of...

        2. Condition relating to building works

          1. 2.(1) To the extent that development consists of building works,...

        3. Condition relating to other construction works

          1. 3.(1) If the relevant planning authority is a qualifying authority,...

        4. Condition relating to matters ancillary to development

          1. 4.(1) If the relevant planning authority is a qualifying authority,...

          2. 5.(1) The Secretary of State may for the purposes of...

        5. Condition relating to road transport

          1. 6.(1) If the relevant planning authority is a qualifying authority,...

        6. Conditions relating to waste and soil disposal and excavation

          1. 7.(1) If the relevant planning authority is a qualifying authority,...

          2. 8.(1) If the relevant planning authority is a qualifying authority,...

        7. Conditions on bringing scheduled works and depots into use

          1. 9.(1) If the relevant planning authority is a qualifying authority,...

          2. 10.Where the relevant planning authority approves a scheme for the...

        8. Condition relating to discontinuation of ancillary operations

          1. 11.Where development consists of or includes the carrying out on...

        9. Condition relating to site restoration

          1. 12.(1) The nominated undertaker must, after discontinuation of the use...

      2. Part 2 Qualifying authorities

        1. Specification of qualifying authorities

          1. 13.(1) As soon after the day on which this Act...

        2. Transition

          1. 14.(1) An order under paragraph 13 may contain such transitional...

      3. Part 3 Approvals: supplementary

        1. Requests for planning approval

          1. 15.A planning authority may only grant approval under Part 1...

          2. 16.(1) A planning authority need not consider a request for...

        2. Fees for requests for approval

          1. 17.(1) The appropriate Ministers may by regulations make provision about...

        3. Consultation on requests for approval

          1. 18.(1) This paragraph applies where a planning authority considers that...

        4. Directions restricting powers of approval

          1. 19.(1) The appropriate Ministers may by directions restrict a planning...

        5. Compulsory reference of requests for approval

          1. 20.(1) The appropriate Ministers may by directions require a planning...

        6. Non-material changes to approvals

          1. 21.(1) A planning authority may at the request of the...

        7. Appeals

          1. 22.(1) Where the nominated undertaker is aggrieved by a decision...

          2. 23.(1) Unless the appropriate Ministers direct otherwise, their functions in...

          3. 24.The decision of the person appointed under paragraph 23, or,...

          4. 25.(1) An appeal under paragraph 22 is to be dealt...

        8. Guidance by Secretary of State

          1. 26.(1) The Secretary of State may give guidance to planning...

      4. Part 4 Supplementary and general

        1. Mayoral development corporations

          1. 27.(1) This paragraph applies where— (a) the relevant planning authority...

          2. 28.The Secretary of State may make regulations modifying the operation...

        2. Regulations and orders

          1. 29.(1) Regulations under this Schedule may make different provision for...

        3. Interpretation

          1. 30.In this Schedule— “"appropriate Ministers”” means the Secretary of State...

    18. SCHEDULE 18

      Listed buildings

      1. Buildings authorised to be demolished, altered or extended

        1. 1.(1) This paragraph applies to— (a) a listed building which—...

      2. Buildings authorised to be altered or extended for heritage or monitoring purposes

        1. 2.(1) This paragraph applies to a listed building which—

      3. Damage to buildings

        1. 3.Section 59 of the Listed Buildings and Conservation Areas Act...

      4. Power to disapply provision made by paragraphs 1 to 3

        1. 4.(1) The Secretary of State may by order make any...

      5. Heritage partnership agreements

        1. 5.The provisions of any agreement under section 26A of the...

      6. Inspection and observation of works

        1. 6.(1) Any person duly authorised in writing by the Historic...

      7. Recording of buildings

        1. 7.(1) The nominated undertaker must not carry out decontrolled works...

        2. 8.(1) Following the giving of a notice under paragraph 7(1)...

      8. Interpretation

        1. 9.(1) In this Schedule— “"building”” and “"listed building”” have the...

      9. Tables

        1. TABLE 1: buildings authorised to be demolished, altered or extended...

    19. SCHEDULE 19

      Ancient monuments

      1. Disapplication of controls

        1. 1.(1) This paragraph has effect in relation to the Ancient...

        2. 2.(1) The power of entry under section 36(1) of the...

      2. Power to disapply provision made by paragraphs 1 and 2

        1. 3.(1) The Secretary of State may by order make any...

      3. Inspection and observation of works etc

        1. 4.(1) Any person duly authorised in writing by the Commission...

      4. Interpretation

        1. 5.In this Schedule, references to ““the Commission”” are to the...

    20. SCHEDULE 20

      Burial grounds

      1. Notice of removal of remains or monument

        1. 1.(1) Before removing from the land in question any remains...

      2. Removal of remains under licence

        1. 2.(1) In the case of remains in relation to which...

      3. Removal of remains by nominated undertaker

        1. 3.(1) In the case of remains in relation to which...

        2. 4.(1) In the case of remains in relation to which...

        3. 5.(1) In the case of remains in relation to which...

      4. Removal of monuments

        1. 6.(1) Where a licence to remove any remains is issued...

        2. 7.(1) Where any remains are removed under a licence under...

      5. Records

        1. 8.(1) Where any remains in relation to which paragraph 1(1)...

      6. Discharge of functions by nominated undertaker

        1. 9.(1) Where the nominated undertaker removes remains in relation to...

        2. 10.The Secretary of State may give such directions as the...

      7. Relatives and personal representatives

        1. 11.(1) In this Schedule, references to a relative of the...

    21. SCHEDULE 21

      Water

      1. Water abstraction and impounding

        1. 1.The restriction imposed by section 24(1) of WRA 1991 (restriction...

        2. 2.Section 25 of WRA 1991 (restrictions on impounding) does not...

        3. 3.(1) Section 48A(1) of WRA 1991 (duty not to cause...

      2. Structures in, over or under a main river

        1. 4.(1) Regulation 12(1)(a) of the Environmental Permitting Regulations (environmental permit...

      3. Floods

        1. 5.Paragraph 5 of Schedule 1 to FWMA 2010 (consent required...

      4. Drainage

        1. 6.Paragraph 7 of Schedule 3 to FWMA 2010 (approval required...

      5. Communication with public sewers in London

        1. 7.Section 106(8) of the Water Industry Act 1991 (which qualifies...

      6. Eels

        1. 8.Part 4 of the Eels (England and Wales) Regulations 2009...

      7. Interpretation

        1. 9.In this Schedule— “"abstraction”” has the same meaning as in...

    22. SCHEDULE 22

      Buildings

      1. Building regulations

        1. 1.(1) Nothing in— (a) Part 1 of the 1984 Act...

      2. Drain repairs

        1. 2.In section 61 of the 1984 Act—

      3. Drain disconnections

        1. 3.Where works described in section 62(1)(a), (b) or (c) of...

      4. Raising of chimneys

        1. 4.(1) This paragraph applies where— (a) the nominated undertaker is...

      5. Construction of cellars and rooms below subsoil water level

        1. 5.(1) Section 74(1) of the 1984 Act (which requires local...

      6. Interpretation

        1. 6.In this Schedule— “"the 1984 Act”” means the Building Act...

    23. SCHEDULE 23

      Party walls etc

      1. 1.In this Schedule, “"the 1996 Act”” means the Party Wall...

      2. 2.No notice under section 1(2) or (5) of the 1996...

      3. 3.Sections 1(6) and 2 of the 1996 Act (rights of...

      4. 4.No party structure notice under section 3 of the 1996...

      5. 5.Section 6 of the 1996 Act (underpinning of adjoining buildings)...

      6. 6.(1) Where— (a) a building owner (within the meaning of...

      7. 7.(1) This paragraph applies where a dispute arises or is...

      8. 8.(1) Where, by virtue of paragraph 6, work to which...

    24. SCHEDULE 24

      Street works

      1. Works in or near highways

        1. 1.(1) The following enactments (which control obstructions of the highway...

      2. Street works

        1. 2.(1) The powers conferred by section 56(1) and (1A) of...

      3. Permit schemes

        1. 3.(1) Nothing in Part 3 of the Traffic Management Act...

    25. SCHEDULE 25

      Traffic regulation

      1. Traffic authority to consult Secretary of State before making traffic regulation order

        1. 1.(1) This paragraph applies where— (a) the traffic authority for...

        2. 2.(1) The Secretary of State may by notice designate—

        3. 3.(1) Paragraph 1(2) ceases to apply in relation to a...

      2. Power of Secretary of State to direct traffic authority to make traffic regulation order

        1. 4.(1) The Secretary of State may give a direction to...

        2. 5.(1) This paragraph applies where, in pursuance of a direction...

        3. 6.(1) This paragraph applies where, in pursuance of a direction...

      3. Further powers of Secretary of State (including in relation to variation or revocation of orders)

        1. 7.(1) The Secretary of State may direct a traffic authority...

        2. 8.(1) Where a traffic authority fails to comply with a...

        3. 9.(1) The Secretary of State may by order made by...

        4. 10.(1) This paragraph applies to an order under paragraph 8...

      4. Power to restrict traffic authority from making or implementing traffic regulation order

        1. 11.(1) The Secretary of State may give a direction to...

      5. Consultation requirements applicable to Secretary of State

        1. 12.(1) The Secretary of State must consult a traffic authority—...

      6. Guidance

        1. 13.(1) The Secretary of State must prepare a statement setting...

      7. Removal of vehicles

        1. 14.(1) An authorised person may remove a vehicle, or arrange...

      8. Interpretation

        1. 15.In this Schedule— “"road”” has the same meaning as in...

    26. SCHEDULE 26

      Lorries

      1. Lorry ban orders

        1. 1.(1) In this Schedule “"lorry ban order”” means—

      2. Required provision in lorry ban orders

        1. 2.(1) If a lorry ban order referred to in paragraph...

      3. Issue of emergency permits

        1. 3.(1) This paragraph applies where a person proposes to undertake...

        2. 4.(1) An authority responsible for dealing with permits under a...

      4. Grant of applications for permit

        1. 5.(1) This paragraph applies where an application for the issue...

      5. Supplementary interpretation

        1. 6.(1) In this Schedule— “"approved arrangements”” means arrangements approved for...

    27. SCHEDULE 27

      Noise

      1. Control of noise on construction sites

        1. 1.(1) In the Control of Pollution Act 1974, sections 60...

      2. Defences to proceedings relating to statutory nuisance

        1. 2.In proceedings for an offence under section 80(4) of the...

        2. 3.(1) Where proceedings are brought under section 82(1) of the...

        3. 4.The following provisions of the Control of Pollution Act 1974—...

    28. SCHEDULE 28

      Local Acts

      1. London Squares Preservation Act 1931 (c. xciii)

        1. 1.(1) Nothing in section 3 of the London Squares Preservation...

      2. London Overground Wires &c. Act 1933 (c. xliv)

        1. 2.Nothing in the London Overground Wires &c. Act 1933, or...

      3. London Building Acts (Amendment) Act 1939 (c. xcvii)

        1. 3.(1) The following provisions of the London Building Acts (Amendment)...

      4. West Midlands County Council Act 1980 (c. xi)

        1. 4.(1) Section 11 of the West Midlands County Council Act...

      5. Staffordshire Act 1983 (c. xviii)

        1. 5.(1) Section 7 of the Staffordshire Act 1983 (plans for...

      6. Oxfordshire Act 1985 (c. xxxiv)

        1. 6.(1) Section 5(2)(a) of the Oxfordshire Act 1985 (grass verges...

      7. Greater London Council (General Powers) Act 1986 (c. iv)

        1. 7.The following provisions of the Greater London Council (General Powers)...

    29. SCHEDULE 29

      Application of other railway legislation etc

      1. Highway (Railway Crossings) Act 1839 (c. 45)

        1. 1.The Highway (Railway Crossings) Act 1839 does not apply to...

      2. Railway Regulation Act 1840 (c. 97)

        1. 2.(1) In its application to Phase One of High Speed...

      3. Railway Regulation Act 1842 (c. 55)

        1. 3.Section 9 of the Railway Regulation Act 1842 does not...

      4. Railways Clauses Consolidation Act 1845 (c. 20)

        1. 4.(1) The following provisions only of the Railways Clauses Consolidation...

      5. Railways Clauses Act 1863 (c. 92)

        1. 5.(1) Sections 4 and 12 of the Railways Clauses Act...

      6. Regulation of Railways Act 1889 (c. 57)

        1. 6.In its application to Phase One of High Speed 2,...

      7. British Transport Commission Act 1949 (c xxix)

        1. 7.(1) Section 55 of the British Transport Commission Act 1949...

      8. North Pole Depot

        1. 8.(1) Clause 12 of the 1987 North Pole Depot undertaking...

    30. SCHEDULE 30

      Arbitration between railway operators

      1. Directions as to results to be achieved

        1. 1.(1) This paragraph applies where a difference is referred under...

      2. Directions as to consolidation and grouping of proceedings

        1. 2.(1) The Secretary of State may, on request or otherwise,...

    31. SCHEDULE 31

      Transfer schemes: further provision

      1. Property, rights and liabilities

        1. 1.(1) The property, rights and liabilities that may be the...

        2. 2.The power under section 46 to make a scheme for...

      2. Transfer of employees and continuity of employment

        1. 3.(1) This paragraph applies where rights, powers, duties and liabilities...

        2. 4.(1) This paragraph applies where— (a) a transfer scheme provides...

        3. 5.(1) If a transfer scheme provides for the transfer of...

        4. 6.Where a person holds employment in the civil service of...

      3. Provision for contraventions etc to be treated as not occurring

        1. 7.(1) A transfer scheme may provide for a transfer to...

        2. 8.(1) This paragraph applies where a transfer scheme provides for...

      4. Power to modify interests, rights and liabilities of third parties

        1. 9.(1) A transfer scheme may modify interests, rights or liabilities...

        2. 10.(1) Where a person would (apart from this paragraph) have...

      5. Obligations to enter into agreements or execute instruments

        1. 11.(1) A transfer scheme may contain provision for imposing, on...

      6. Supplementary provisions of schemes

        1. 12.(1) A transfer scheme may include consequential, supplementary, incidental, and...

      7. Effect of scheme

        1. 13.(1) At the time appointed for the purpose by a...

      8. Modification of scheme by agreement

        1. 14.(1) Where the transferor, and the transferee or transferees, under...

      9. Provision of information to person making scheme

        1. 15.(1) Where the Secretary of State proposes to make a...

      10. Agreements relating to schemes

        1. 16.The Secretary of State may by agreement fetter the exercise...

      11. Power to make provision about tax consequences of schemes

        1. 17.(1) The Treasury may by regulations make provision for varying...

      12. Interpretation

        1. 18.(1) In this Schedule— ““enactment””, except in paragraph 17, includes...

    32. SCHEDULE 32

      Extension of planning permission for statutory undertakers

      1. Case where planning permission extended

        1. 1.(1) Article 3(10) of the General Permitted Development Order (which...

      2. Condition of extended planning permission

        1. 2.(1) Planning permission granted by virtue of paragraph 1 is...

      3. Controls on proposed development

        1. 3.(1) Where— (a) it appears to the Secretary of State...

        2. 4.(1) Where it appears to the Secretary of State that—...

      4. Notices

        1. 5.(1) A notice under this Schedule must—

      5. Mayoral development corporations: regulations

        1. 6.(1) The Secretary of State may make regulations modifying the...

    33. SCHEDULE 33

      Protective provisions

      1. Part 1 Highways and traffic

        1. 1.(1) The following provisions of this Part have effect, unless...

        2. 2.Wherever in this Part provision is made with respect to...

        3. 3.In exercising the powers conferred by this Act in relation...

        4. 4.(1) This paragraph applies to the construction of any tunnel,...

        5. 5.In the construction of any part of the works to...

        6. 6.(1) The provisions of this paragraph have effect in relation...

        7. 7.The nominated undertaker must— (a) secure that so much of...

        8. 8.(1) Any officer of the highway authority duly appointed for...

        9. 9.(1) The nominated undertaker must not alter, disturb or in...

        10. 10.The nominated undertaker must not remove any soil or material...

        11. 11.(1) If the highway authority, after giving to the nominated...

        12. 12.The nominated undertaker must not, except with the consent of...

        13. 13.The nominated undertaker must, if reasonably so required by the...

        14. 14.(1) Where any part of any highway has been broken...

        15. 15.(1) This paragraph applies where damage to any highway or...

        16. 16.The fact that any act or thing may have been...

        17. 17.(1) Any dispute arising between the nominated undertaker and the...

      2. Part 2 Electricity, gas, water and sewerage undertakers

        1. 18.(1) The following provisions of this Part have effect, unless...

        2. 19.(1) The following provisions of this paragraph have effect in...

        3. 20.(1) This paragraph applies where— (a) the nominated undertaker for...

        4. 21.(1) Any alternative apparatus to be constructed by the undertakers...

        5. 22.(1) This paragraph applies where— (a) the manner of construction...

        6. 23.(1) This paragraph applies where the nominated undertaker gives notice...

        7. 24.(1) This paragraph applies where, in accordance with the provisions...

        8. 25.(1) Not less than 28 days before commencing to construct...

        9. 26.(1) If in consequence of the exercise of the powers...

        10. 27.Where, in consequence of this Act, any part of any...

        11. 28.(1) Subject to the following provisions of this paragraph, the...

        12. 29.(1) This paragraph applies where, by reason of the construction...

        13. 30.In any case where Network Rail Infrastructure Limited (“Network Rail“)...

        14. 31.(1) Any dispute arising between the nominated undertaker and the...

      3. Part 3 Electronic communications code networks

        1. 32.(1) The following provisions of this Part have effect, unless...

        2. 33.(1) Subject to sub-paragraph (2), paragraph 23 of the electronic...

        3. 34.The temporary stopping up or diversion of any highway under...

        4. 35.(1) Where a highway is stopped up under paragraph 2...

        5. 36.(1) Where the nominated undertaker or the Secretary of State...

        6. 37.(1) Sub-paragraph (2) applies where, by reason of the construction...

        7. 38.In any case where Network Rail Infrastructure Limited (“Network Rail“)...

        8. 39.(1) Any dispute arising between the nominated undertaker and an...

      4. Part 4 Canal & River Trust

        1. 40.(1) The following provisions of this Part have effect, unless...

        2. 41.The Secretary of State must not under the powers under...

        3. 42.(1) Before beginning to construct any specified work, the nominated...

        4. 43.(1) Any specified work, and any protective works required by...

        5. 44.(1) The nominated undertaker must not deposit any polluting material...

        6. 45.In its application to the discharge of water into the...

        7. 46.(1) If as a result of the construction of any...

        8. 47.(1) If any canal work is abandoned, Canal & River...

        9. 48.(1) The nominated undertaker must indemnify Canal & River Trust...

        10. 49.(1) Nothing in paragraph 48 is to impose any liability...

        11. 50.(1) Any dispute arising between the nominated undertaker and Canal...

      5. Part 5 Land drainage, flood defence, water resources and fisheries

        1. 51.(1) The following provisions of this Part have effect, unless...

        2. 52.(1) Before beginning to construct any specified work, the nominated...

        3. 53.The requirements which the drainage authority may make under paragraph...

        4. 54.(1) Any specified work, and all protective works required by...

        5. 55.(1) Subject to sub-paragraph (5) the nominated undertaker must from...

        6. 56.(1) If by reason of the construction of any specified...

        7. 57.(1) The nominated undertaker must take all such measures as...

        8. 58.(1) The nominated undertaker must indemnify the drainage authority from...

        9. 59.Nothing in paragraph 58 requires the nominated undertaker to indemnify...

        10. 60.The fact that any work or thing has been executed...

        11. 61.Any dispute arising between the nominated undertaker and the drainage...

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