Further high speed rail works

53Power to apply Act to further high speed rail works

(1)A Transport and Works Act order which relates to a relevant Phase One matter may apply any provision of this Act, with or without modification, to anything authorised by the order, so far as relating to that matter.

(2)The following are “relevant Phase One matters”—

(a)a power exercisable or to be exercisable in connection with the works authorised by this Act,

(b)an extension of Phase One of High Speed 2, and

(c)any other works carried out or to be carried out for Phase One purposes.

(3)A Transport and Works Act order which relates to an extension or works referred to in subsection (2)(b) and (c) may also provide for any provision of this Act to have effect as if Phase One of High Speed 2 included the extension or works.

(4)Section 13(2) of the Transport and Works Act 1992 (power of Secretary of State to refuse application on ground that objects of order sought could be achieved by other means) does not apply where, for purposes relating to the diversion of apparatus belonging to a utility undertaker, an application is made under section 6 of that Act for a Transport and Works Act order in relation to a relevant Phase One matter.

(5)Subsection (1) does not confer power to apply any of the following—

  • section 10(2) and Schedule 13 (extension of time-limit on compulsory acquisition);

  • Schedules 18 and 19 (listed buildings and ancient monuments).

(6)In this section, “Transport and Works Act order” means an order under section 1 of the Transport and Works Act 1992.