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High Speed Rail (West Midlands - Crewe) Act 2021

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Works

    1. 1.Power to construct and maintain works for Phase 2a 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 and imposition of restrictive covenants

    3. 6.Acquisition of airspace

    4. 7.Acquisition of subsoil or under-surface

    5. 8.Highway subsoil

    6. 9.Termination of power to acquire land

  4. Extinction and exclusion of rights over land

    1. 10.Extinction of rights over land

    2. 11.Extinction of rights of statutory undertakers

    3. 12.Exclusion of new rights of way

  5. Temporary possession and use of land

    1. 13.Temporary possession and use of land

    2. 14.Use of roads

    3. 15.Enforcement of restrictions on land use

    4. 16.Compensation for injurious affection

  6. Planning

    1. 17.Deemed planning permission

    2. 18.Time limit on deemed planning permission

    3. 19.Power to disapply deemed planning permission

    4. 20.Development consent

  7. Deregulation

    1. 21.Listed buildings and ancient monuments

    2. 22.Burial grounds

    3. 23.Consecrated land

    4. 24.Commons and open spaces

    5. 25.Trees

    6. 26.Overhead lines

    7. 27.Water

    8. 28.Buildings

    9. 29.Street works

    10. 30.Lorries

    11. 31.Noise

    12. 32.Local Acts

    13. 33.Community Infrastructure Levy

  8. Railway matters

    1. 34.Objectives of Office of Rail and Road

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

    3. 36.Disapplication of statutory closure provisions

    4. 37.Other railway legislation etc

    5. 38.Co-operation

    6. 39.Transfer of functions relating to works

  9. Traffic

    1. 40.Traffic

  10. Nominated undertaker

    1. 41.Nominated undertaker

  11. Statutory undertakers etc

    1. 42.Extension of planning permission for statutory undertakers

    2. 43.Protective provisions

    3. 44.Existing agreements

  12. Reinstatement and environmental works

    1. 45.Compulsory acquisition of land for relocation of an undertaking

    2. 46.Power to carry out reinstatement works

    3. 47.Planning permission: works involving reinstatement of undertaking

    4. 48.Enforcement of environmental covenants

  13. Further high speed rail works

    1. 49.Power to apply Act to further high speed rail works

  14. The Crown

    1. 50.Application of powers to Crown land

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

    3. 52.Crown Estate

  15. Deposited plans and sections

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

    2. 54.Correction of deposited plans

  16. Miscellaneous and general

    1. 55.Environmental Impact Assessment Regulations: miscellaneous

    2. 56.Arbitration

    3. 57.Notices and other documents

    4. 58.Resumption of previous use of land

    5. 59.Ancient woodland

    6. 60.Consultation with residents and stakeholders in relation to Phase 2a of High Speed 2 and associated works

  17. Interpretation

    1. 61.“Phase 2a purposes”

    2. 62.Interpretation

  18. Final

    1. 63.Financial provision

    2. 64.Commencement and short title

  19. SCHEDULES

    1. SCHEDULE 1

      Scheduled works

      1. 1.Construction and maintenance of works

      2. Description of scheduled works

    2. SCHEDULE 2

      Works

      1. 1.Authority to survey and investigate land etc

      2. 2.Support of buildings and apparatus etc

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

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

      5. 5.(1) The nominated undertaker may replace, support or strengthen apparatus...

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

      7. 7.Trees on neighbouring land

      8. 8.Exercise of powers of entry under paragraphs 2 to 7

      9. 9.Noise mitigation for buildings

      10. 10.Discharge of water

      11. 11.Temporary interference with waterways

      12. 12.Electronic communications apparatus

    3. SCHEDULE 3

      Overhead line diversions

    4. SCHEDULE 4

      Highways

      1. PART 1 Highway access

        1. 1.(1) The nominated undertaker may, for Phase 2a purposes—

      2. PART 2 Interference with highways

        1. 2.Stopping up

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

        3. 4.Effect of stopping up of highway

        4. 5.Creation of public rights of way over new footpaths, bridleways etc

        5. 6.Deviation of new footpaths, bridleways etc

        6. 7.Permanent obstruction

        7. 8.Temporary interference

        8. 9.Street works

        9. 10.(1) Works executed under this Act in relation to a...

        10. 11.Working sites in highways

      3. PART 3 Construction and maintenance of highways

        1. 12.Construction and alteration

        2. 13.(1) Sub-paragraph (2) applies where under this Act the nominated...

        3. 14.(1) Where under this Act the nominated undertaker is authorised...

        4. 15.(1) This paragraph applies in relation to a work authorised...

        5. 16.Roads constructed as highways

        6. 17.Maintenance

        7. 18.Where the nominated undertaker is responsible for maintaining a bridge...

        8. 19.Section 58(1) and (2) of the Highways Act 1980 (special...

        9. 20.Notwithstanding anything in section 46 of the Railways Clauses Consolidation...

        10. 21.Bridges carrying highways

    5. SCHEDULE 5

      Highways: tables relevant to Part 2 of Schedule 4

    6. SCHEDULE 6

      Acquisition of land for particular purposes

    7. SCHEDULE 7

      Acquisition of land: application of compulsory purchase legislation

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

      2. 2.Compulsory Purchase Act 1965 (c. 56)

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

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

    8. SCHEDULE 8

      Land where powers of acquisition are limited to acquisition of rights or imposition of restrictive covenants

    9. SCHEDULE 9

      Acquisition of rights in land etc: application of compulsory purchase legislation

      1. 1.Compulsory Purchase Act 1965 and compensation enactments

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

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

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

      5. 5.Schedule 9 to High Speed Rail (London - West Midlands) Act 2017

    10. SCHEDULE 10

      Acquisition of rights in land: substituted Schedule 2A for Compulsory Purchase Act 1965

    11. SCHEDULE 11

      Land where powers of acquisition are limited to sub-surface acquisition

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

      2. 2.Supplementary

    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

      Extinction of rights over land

      1. 1.Land to which Schedule applies

      2. 2.Private rights

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

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

      5. 5.General rights

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

      7. 7.Meaning of “the appropriate time”

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

      9. 9.Interpretation

    15. SCHEDULE 15

      Temporary possession and use of land

      1. PART 1 Temporary possession for construction of works

        1. 1.Right to enter on and take possession of land

        2. 2.Exceptions

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

        4. 4.Procedure and compensation

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

      2. PART 2 Temporary possession for maintenance of works

        1. 6.Right to enter on and take possession of land

        2. 7.Procedure and compensation

      3. PART 3 Suspension of rights and enforcement

        1. 8.Suspension of rights relating to land

        2. 9.(1) All general rights over land of which the nominated...

        3. 10.Enforcement

    16. SCHEDULE 16

      Temporary possession and use of land: table of land

    17. SCHEDULE 17

      Conditions of deemed planning permission

      1. PART 1 Conditions

        1. 1.Introductory

        2. 2.Condition relating to building works

        3. 3.Condition relating to other construction works

        4. 4.Condition relating to matters ancillary to development

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

        6. 6.Condition relating to road transport

        7. 7.Conditions relating to waste and spoil disposal and excavation

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

        9. 9.Conditions on bringing scheduled works and depots into use

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

        11. 11.Condition relating to discontinuation of ancillary operations

        12. 12.Condition relating to site restoration

      2. PART 2 Qualifying authorities

        1. 13.Specification of qualifying authorities

        2. 14.Transition

      3. PART 3 Approvals: supplementary

        1. 15.Requests for planning approval

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

        3. 17.Fees for requests for approval

        4. 18.Consultation on requests for approval

        5. 19.Directions restricting powers of approval

        6. 20.Compulsory reference of requests for approval

        7. 21.Non-material changes to approvals

        8. 22.Termination of approval relating to road transportation arrangements

        9. 23.Appeals

        10. 24.(1) Unless the appropriate Ministers direct otherwise, their functions in...

        11. 25.The decision of the person appointed under paragraph 24 or,...

        12. 26.(1) An appeal under paragraph 23 is to be dealt...

        13. 27.Guidance by Secretary of State

      4. PART 4 Supplementary and general

        1. 28.Regulations

        2. 29.Interpretation

    18. SCHEDULE 18

      Listed buildings

      1. 1.Buildings authorised to be demolished, altered or extended

      2. 2.Buildings in respect of which noise mitigation works are authorised

      3. 3.Damage to buildings

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

      5. 5.Heritage partnership agreements

      6. 6.Inspection and observation of works

      7. 7.Recording of buildings

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

      9. 9.Interpretation

      10. Tables

    19. SCHEDULE 19

      Ancient monuments

      1. 1.Disapplication of controls

      2. 2.(1) The consent of the nominated undertaker is required for...

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

      4. 4.Inspection and observation of works etc

      5. 5.Interpretation

    20. SCHEDULE 20

      Burial grounds

      1. 1.Notice of removal of remains or monument

      2. 2.Removal of remains under licence

      3. 3.Removal of remains by nominated undertaker

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

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

      6. 6.Removal of monuments

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

      8. 8.Records

      9. 9.Discharge of functions by nominated undertaker

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

      11. 11.Relatives and personal representatives

    21. SCHEDULE 21

      Water

      1. 1.Water abstraction and impounding

      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...

      4. 4.No environmental permit required for operating regulated facility etc

      5. 5.Floods

      6. 6.Drainage

      7. 7.Eels

      8. 8.Interpretation

    22. SCHEDULE 22

      Buildings

      1. 1.Building regulations

      2. 2.Drain repairs

      3. 3.Drain disconnections

      4. 4.Raising of chimneys

      5. 5.Construction of cellars and rooms below subsoil water level

      6. 6.Demolition of whole or part of building

      7. 7.Interpretation

    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. 1.Works in or near highways

      2. 2.Street works

      3. 3.Permit schemes

    25. SCHEDULE 25

      Lorries

      1. 1.Lorry ban orders

      2. 2.Required provision in lorry ban orders

      3. 3.Issue of emergency permits

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

      5. 5.Grant of applications for permit

      6. 6.Supplementary interpretation

    26. SCHEDULE 26

      Noise

      1. 1.Control of noise on construction sites

      2. 2.Defences to proceedings relating to statutory nuisance

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

      4. 4.Section 61(9) of the Control of Pollution Act 1974 (consent...

    27. SCHEDULE 27

      Local Acts

      1. 1.Cheshire County Council Act 1968 (c. xxxvi)

      2. 2.Cheshire County Council Act 1980 (c. xiii)

      3. 3.Staffordshire Act 1983 (c. xviii)

    28. SCHEDULE 28

      Application of other railway legislation etc

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

      2. 2.Railway Regulation Act 1840 (c. 97)

      3. 3.Railway Regulation Act 1842 (c. 55)

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

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

      6. 6.British Transport Commission Act 1949 (c xxix)

    29. SCHEDULE 29

      Arbitration between railway operators

      1. 1.Directions as to results to be achieved

      2. 2.Directions as to consolidation and grouping of proceedings

    30. SCHEDULE 30

      Traffic regulation

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

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

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

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

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

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

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

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

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

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

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

      12. 12.Consultation requirements applicable to Secretary of State

      13. 13.Guidance

      14. 14.Removal of vehicles

      15. 15.Interpretation

    31. SCHEDULE 31

      Extension of planning permission for statutory undertakers

      1. 1.Case where planning permission extended

      2. 2.Condition of extended planning permission

      3. 3.Controls on proposed development

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

      5. 5.Notices

    32. SCHEDULE 32

      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), Part 10 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 Land drainage, flood defence, water resources and fisheries

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

        2. 41.(1) Before beginning to construct any specified work, the nominated...

        3. 42.(1) This paragraph applies to any request for approval of...

        4. 43.The requirements which the drainage authority may make under paragraph...

        5. 44.(1) Any specified work, and all protective works required by...

        6. 45.(1) Subject to sub-paragraph (5) the nominated undertaker must from...

        7. 46.(1) If by reason of the construction of any specified...

        8. 47.(1) The nominated undertaker must take all such measures as...

        9. 48.(1) The nominated undertaker must indemnify the drainage authority from...

        10. 49.Nothing in paragraph 48 requires the nominated undertaker to indemnify...

        11. 50.The fact that any work or thing has been executed...

        12. 51.Any dispute arising between the nominated undertaker and the drainage...

      5. PART 5 Canal & River Trust

        1. 52.(1) The following provisions of this Part have effect, unless...

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

        3. 54.(1) Before beginning to construct any specified work, the nominated...

        4. 55.(1) Any specified work, and any protective works required by...

        5. 56.(1) The nominated undertaker must not deposit any polluting material...

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

        7. 58.(1) If as a result of the construction of any...

        8. 59.(1) If any canal work is abandoned, Canal & River...

        9. 60.(1) The nominated undertaker must indemnify Canal & River Trust...

        10. 61.(1) Nothing in paragraph 60 is to impose any liability...

        11. 62.(1) Any dispute arising between the nominated undertaker and Canal...

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