High Speed Rail (London - West Midlands) Act 2017

Stopping-up

2 (1) The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up each highway or part of highway specified in table 1 or 2 in Part 4 of this Schedule.

(2) No highway or part of a highway specified in columns (1) and (2) of table 1 may be stopped up under this paragraph unless all of the land which abuts on it falls within one or more of the following categories, namely—

(a) land to which there is no right of access directly from the highway or part to be stopped up,

(b) land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up,

(c) land the owners and occupiers of which have agreed to the stopping up of the highway or part, and

(d) land which is in the possession of the Secretary of State.

(3) No highway or part of a highway specified in columns (1) and (2) of table 2 may be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that table, by reference to the letters and numbers shown on the deposited plans or by reference to the scheduled works, until—

(a) where the new highway is provided in exercise of the powers conferred by this Act—

(i) the date of practical completion, or

(ii) if later, the date on which it is first open for public use, and

(b) where it is not, the date on which it is first open for public use.

(4) Where a new highway specified in column (3) of table 2 is provided in exercise of the powers conferred by this Act, the date of practical completion of the highway, or the date on which it is first open for public use, is to be taken for the purposes of sub-paragraph (3) to be what it is taken to be for the purposes of paragraph 14(2).