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High Speed Rail (London - West Midlands) Act 2017

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This is the original version (as it was originally enacted).

Miscellaneous and general

63Environmental Impact Assessment Regulations

(1)The Environmental Impact Assessment Regulations have effect as if the definition of “EIA development” in regulation 2(1) included any development not included in paragraph (a) or (b) of the definition where—

(a)the development consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act,

(b)the development does not have deemed planning permission under section 20(1),

(c)the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(d)the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(2)The condition in subsection (1)(d) does not apply where the building referred to in subsection (1)(a) is—

(a)22 Melton Street (Grant Thornton House), or

(b)40 Melton Street (One Euston Square),

in the London Borough of Camden.

(3)In regulation 8 of the Environmental Impact Assessment Regulations (subsequent applications where environmental information previously provided), in paragraph (1)(b)(ii), after “Crossrail Act 2008” insert “or section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017”.

64Arbitration

(1)Where under this Act any difference is to be referred to arbitration, the difference is to be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice to the other, by the President of the Institution of Civil Engineers.

(2)Subsection (3) applies where—

(a)a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and

(b)the President notifies either of the parties that he or she is not going to appoint an arbitrator under subsection (1).

(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice to the other, by the Office of Rail and Road.

(4)The Office of Rail and Road may under subsection (3) appoint a member or employee of that Office as the arbitrator.

(5)The Secretary of State for Communities and Local Government and the Secretary of State for Transport acting jointly may by rules make provision about procedure in relation to arbitration under this Act.

(6)Rules under subsection (5) must be made by statutory instrument; and a statutory instrument containing such rules is subject to annulment in pursuance of a resolution of either House of Parliament.

65Notices and other documents

(1)A notice or other document required or authorised to be given to a person for the purposes of this Act may be given by—

(a)transmitting the text of the notice or document to the person by agreed electronic means (for example, by email to an agreed address),

(b)delivering it to the person or sending it by post to the person at the person’s last known address,

(c)if the person is a body corporate, delivering it to the secretary of the body corporate or sending it by post to the secretary of the body corporate at its registered or principal office within the United Kingdom, or

(d)if the person is a partnership, delivering it to a partner of the partnership or a person having control or management of the partnership business, or sending it by post to such a partner or person at the principal office of the partnership.

(2)For the purposes of subsection (1), any person to whom a notice or other document is to be given may specify a different address within the United Kingdom as the one to which the notice or document must be sent.

(3)Where a notice or document is given to a person in accordance with subsection (1)(a) and, within 7 days of receiving it, the person requests a copy of the notice or document in printed form, the sender must provide such a copy as soon as reasonably practicable.

(4)Subsection (1)(a) does not apply to the giving of a notice under section 55(3)(b).

(5)Subsection (6) applies where—

(a)a document is required or authorised to be given to a person for the purposes of this Act as the owner of an interest in, or occupier of, any land, and

(b)the person’s name or address cannot be ascertained after reasonable enquiry.

(6)The document may be given to the person by addressing it to the person by name or by the description of “owner” or “occupier” (as the case may be) of the land and—

(a)leaving it with a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to some building or object on or near the land.

(7)Any notice given for the purposes of this Act must be in writing.

(8)In this section—

  • “secretary”, in relation to a local authority within the meaning of the Local Government Act 1972, means the proper officer within the meaning of that Act;

  • references to giving a document include similar expressions (such as serving).

66Vocational 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 with 31 March 2018;

(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.

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