Search Legislation

High Speed Rail (London - West Midlands) Act 2017

Status:

This is the original version (as it was originally enacted).

Extinction and exclusion of rights over land

12Extinction of rights over land

Schedule 15 contains provision about the extinction of private and other rights over land.

13Extinction of rights of statutory undertakers

(1)Sections 271 to 273 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2)In their application by virtue of subsection (1)

(a)sections 271 to 273 of the Town and Country Planning Act 1990 have effect as if references to the acquiring or appropriating authority were to the nominated undertaker, and

(b)sections 271 and 272 of that Act also have effect as if—

(i)in subsection (2), for the words from “with” to “appropriated” there were substituted “authorised by the High Speed Rail (London - West Midlands) Act 2017”, and

(ii)in subsection (5), for the words from “local” to “or undertakers” there were substituted “a person other than a Minister, the Minister”.

(3)Any reference in the Town and Country Planning Act 1990 to section 271, 272 or 273 (including a reference to a provision of any of those sections) includes a reference to that section (or provision) as applied by subsection (1).

(4)In their application by virtue of subsection (3)

(a)section 274(3) of the Town and Country Planning Act 1990 has effect as if for “local authority or statutory undertakers” there were substituted “person”, and

(b)sections 274(5), 279(2) to (4) and 280(6) of that Act have effect as if references to the acquiring or appropriating authority were to the nominated undertaker.

14Exclusion of new rights of way

(1)No right of way may be acquired by prescription or user over land which—

(a)forms an access or approach to any railway infrastructure, and

(b)falls within subsection (2).

(2)Land falls within this subsection if it is within the Act limits and—

(a)the land, or a right of way over the land, has been acquired under this Act,

(b)the land, or a right of way over the land, is acquired by the Secretary of State for Phase One purposes otherwise than under this Act on or after the day on which this Act comes into force, or

(c)the land, or a right of way over the land, was held by the Secretary of State for Phase One purposes immediately before that day.

(3)In subsection (1) “railway infrastructure” means any building, structure, railway track or other work used, or intended to be used, for Phase One purposes.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources