High Speed Rail (London - West Midlands) Act 2017

1. Introductory Text

2. Works

   1. 1. Power to construct and maintain works for Phase One 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 in land

   3. 6. Acquisition of part of land

   4. 7. Acquisition of airspace

   5. 8. Acquisition of subsoil or under-surface

   6. 9. Highway subsoil

   7. 10. Termination of power to acquire land

   8. 11. Amendments consequential on the Housing and Planning Act 2016

4. Extinction and exclusion of rights over land

   1. 12. Extinction of rights over land

   2. 13. Extinction of rights of statutory undertakers

   3. 14. Exclusion of new rights of way

5. Temporary possession and use of land

   1. 15. Temporary possession and use of land

   2. 16. Use of roads

   3. 17. Cranes

   4. 18. Enforcement of restrictions on land use

   5. 19. Compensation for injurious affection

6. Planning

   1. 20. Deemed planning permission

   2. 21. Time limit on deemed planning permission

   3. 22. Power to disapply deemed planning permission

   4. 23. Parking at Birmingham Interchange: limit on deemed planning permission

   5. 24. Development consent

7. Deregulation

   1. 25. Listed buildings

   2. 26. Ancient monuments

   3. 27. Burial grounds

   4. 28. Consecrated land

   5. 29. Commons and open spaces

   6. 30. Trees

   7. 31. Overhead lines

   8. 32. Water

   9. 33. Buildings

   10. 34. Street works

   11. 35. Traffic

   12. 36. Lorries

   13. 37. Noise

   14. 38. Local Acts

8. Railway matters

   1. 39. Objectives of Office of Rail and Road

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

   3. 41. Disapplication of statutory closure provisions

   4. 42. Other railway legislation etc

   5. 43. Co-operation

   6. 44. Transfer of functions relating to works

9. Nominated undertaker and other Phase One function-holders

   1. 45. Nominated undertaker

   2. 46. Transfer schemes

10. Statutory undertakers

    1. 47. Extension of planning permission for statutory undertakers

    2. 48. Protective provisions

11. Reinstatement and environmental works

    1. 49. Compulsory acquisition of land for relocation

    2. 50. Power to carry out reinstatement works

    3. 51. Enforcement of environmental covenants

12. Further high speed rail works

    1. 52. Works in Scotland for Phase One purposes

    2. 53. Power to apply Act to further high speed rail works

    3. 54. Rights of entry for further high speed rail works

    4. 55. Exercise of rights of entry

13. Grants

    1. 56. Grants for affected communities and businesses etc

14. The Crown

    1. 57. Application of powers to Crown land

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

    3. 59. Crown Estate

    4. 60. Royal parks

15. Deposited plans and sections

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

    2. 62. Correction of deposited plans

16. Miscellaneous and general

    1. 63. Environmental Impact Assessment Regulations

    2. 64. Arbitration

    3. 65. Notices and other documents

    4. 66. Vocational qualifications

17. Interpretation

    1. 67. “Phase One purposes”

    2. 68. Interpretation

18. Final

    1. 69. Financial provision

    2. 70. Commencement and short title

19. SCHEDULES

    1. SCHEDULE 1

       Scheduled works

       1. 1. Construction requirements

       2. Description of scheduled works

    2. SCHEDULE 2

       Works

       1. Part 1 Further and supplementary provisions

          1. 1. Authority to survey and investigate land etc

          2. 2. Support of buildings

          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) Paragraphs 2 to 4 apply in relation to—

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

          7. 7. Trees on neighbouring land

          8. 8. Discharge of water

          9. 9. Temporary interference with waterways

          10. 10. Electronic communications apparatus

          11. 11. Level crossings

       2. Part 2 Exercise of powers of entry etc

          1. 12. (1) This paragraph applies where the nominated undertaker has a...

          2. 13. (1) This paragraph applies where the nominated undertaker proposes to...

          3. 14. (1) Where the nominated undertaker exercises any power under paragraphs...

    3. SCHEDULE 3

       Overhead line diversions

    4. SCHEDULE 4

       Highways

       1. Part 1 Highway access

          1. 1. (1) The nominated undertaker may, for Phase One 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. (1) On a highway or part of a highway being...

          4. 5. Permanent obstruction

          5. 6. Temporary interference

          6. 7. Street works

          7. 8. (1) Works executed under this Act in relation to a...

          8. 9. Working sites in highways

       3. Part 3 Construction and maintenance of highways

          1. 10. Construction and alteration

          2. 11. (1) Sub-paragraph (2) applies where under this Act the nominated...

          3. 12. (1) Where under this Act the nominated undertaker is authorised...

          4. 13. (1) This paragraph applies in relation to a work authorised...

          5. 14. Maintenance

          6. 15. Where the nominated undertaker is responsible for maintaining a bridge...

          7. 16. Section 58(1) and (2) of the Highways Act 1980 (special...

          8. 17. Notwithstanding anything in section 46 of the Railways Clauses Consolidation...

          9. 18. Bridges carrying highways

       4. Part 4 Tables relating to Part 2 of Schedule

    5. SCHEDULE 5

       Acquisition of land for particular purposes

    6. SCHEDULE 6

       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)

    7. SCHEDULE 7

       Acquisition of rights in land: power to impose restrictive covenants

    8. SCHEDULE 8

       Land in which only rights may be acquired compulsorily

    9. SCHEDULE 9

       Acquisition of rights in land: 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...

    10. SCHEDULE 10

        Acquisition of part of land only

        1. 1. (1) The person to whom the notice to treat mentioned...

        2. 2. (1) If, on a reference under paragraph 1(4), the Upper...

        3. 3. (1) Where under paragraph 2 a notice to treat is...

    11. SCHEDULE 11

        Land with restrictions relating to surface acquisition

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

        2. 2. Restriction of power of compulsory acquisition to land under the surface or rights of passage

        3. 3. 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

        Amendments consequential on the Housing and Planning Act 2016

        1. 1. Omit section 6.

        2. 2. In section 7(2) (acquisition of airspace), for paragraphs (a) and...

        3. 3. In section 8(2) (acquisition of subsoil or under-surface), for paragraphs...

        4. 4. In section 49 (compulsory acquisition of land for relocation)—

        5. 5. (1) Paragraph 2 of Schedule 6 (acquisition of land: application...

        6. 6. For paragraph 3 of Schedule 6 (acquisition of rights in...

        7. 7. This is the section referred to in paragraph 3(a) of...

        8. 8. (1) Paragraph 2 of Schedule 9 (acquisition of rights in...

        9. 9. In paragraph 4 of Schedule 9 (acquisition of rights in...

        10. 10. Omit Schedule 10.

    15. SCHEDULE 15

        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

    16. SCHEDULE 16

        Temporary possession and use of land

        1. Part 1 Temporary possession for construction of works

           1. 1. Right to enter upon 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...

           6. 6. (1) The Secretary of State may make regulations modifying the...

        2. Part 2 Temporary possession for maintenance of works

           1. 7. Right to enter upon and take possession of land

           2. 8. Procedure and compensation

        3. Part 3 Suspension of rights and enforcement

           1. 9. Suspension of rights relating to land

           2. 10. (1) All general rights over land of which the nominated...

           3. 11. Enforcement

        4. Part 4 Land which may be occupied and used for construction of works

    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 soil 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. Appeals

           9. 23. (1) Unless the appropriate Ministers direct otherwise, their functions in...

           10. 24. The decision of the person appointed under paragraph 23, or,...

           11. 25. (1) An appeal under paragraph 22 is to be dealt...

           12. 26. Guidance by Secretary of State

        4. Part 4 Supplementary and general

           1. 27. Mayoral development corporations

           2. 28. The Secretary of State may make regulations modifying the operation...

           3. 29. Regulations and orders

           4. 30. Interpretation

    18. SCHEDULE 18

        Listed buildings

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

        2. 2. Buildings authorised to be altered or extended for heritage or monitoring purposes

        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 power of entry under section 36(1) of the...

        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. Structures in, over or under a main river

        5. 5. Floods

        6. 6. Drainage

        7. 7. Communication with public sewers in London

        8. 8. Eels

        9. 9. 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. 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

        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

    26. SCHEDULE 26

        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

    27. SCHEDULE 27

        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. The following provisions of the Control of Pollution Act 1974—...

    28. SCHEDULE 28

        Local Acts

        1. 1. London Squares Preservation Act 1931 (c. xciii)

        2. 2. London Overground Wires &c. Act 1933 (c. xliv)

        3. 3. London Building Acts (Amendment) Act 1939 (c. xcvii)

        4. 4. West Midlands County Council Act 1980 (c. xi)

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

        6. 6. Oxfordshire Act 1985 (c. xxxiv)

        7. 7. Greater London Council (General Powers) Act 1986 (c. iv)

    29. SCHEDULE 29

        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. Railways Clauses Act 1863 (c. 92)

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

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

        8. 8. North Pole Depot

    30. SCHEDULE 30

        Arbitration between railway operators

        1. 1. Directions as to results to be achieved

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

    31. SCHEDULE 31

        Transfer schemes: further provision

        1. 1. Property, rights and liabilities

        2. 2. The power under section 46 to make a scheme for...

        3. 3. Transfer of employees and continuity of employment

        4. 4. (1) This paragraph applies where— (a) a transfer scheme provides...

        5. 5. (1) If a transfer scheme provides for the transfer of...

        6. 6. Where a person holds employment in the civil service of...

        7. 7. Provision for contraventions etc to be treated as not occurring

        8. 8. (1) This paragraph applies where a transfer scheme provides for...

        9. 9. Power to modify interests, rights and liabilities of third parties

        10. 10. (1) Where a person would (apart from this paragraph) have...

        11. 11. Obligations to enter into agreements or execute instruments

        12. 12. Supplementary provisions of schemes

        13. 13. Effect of scheme

        14. 14. Modification of scheme by agreement

        15. 15. Provision of information to person making scheme

        16. 16. Agreements relating to schemes

        17. 17. Power to make provision about tax consequences of schemes

        18. 18. Interpretation

    32. SCHEDULE 32

        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

        6. 6. Mayoral development corporations: regulations

    33. SCHEDULE 33

        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), paragraph 23 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 Canal & River Trust

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

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

           3. 42. (1) Before beginning to construct any specified work, the nominated...

           4. 43. (1) Any specified work, and any protective works required by...

           5. 44. (1) The nominated undertaker must not deposit any polluting material...

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

           7. 46. (1) If as a result of the construction of any...

           8. 47. (1) If any canal work is abandoned, Canal & River...

           9. 48. (1) The nominated undertaker must indemnify Canal & River Trust...

           10. 49. (1) Nothing in paragraph 48 is to impose any liability...

           11. 50. (1) Any dispute arising between the nominated undertaker and Canal...

        5. Part 5 Land drainage, flood defence, water resources and fisheries

           1. 51. (1) The following provisions of this Part have effect, unless...

           2. 52. (1) Before beginning to construct any specified work, the nominated...

           3. 53. The requirements which the drainage authority may make under paragraph...

           4. 54. (1) Any specified work, and all protective works required by...

           5. 55. (1) Subject to sub-paragraph (5) the nominated undertaker must from...

           6. 56. (1) If by reason of the construction of any specified...

           7. 57. (1) The nominated undertaker must take all such measures as...

           8. 58. (1) The nominated undertaker must indemnify the drainage authority from...

           9. 59. Nothing in paragraph 58 requires the nominated undertaker to indemnify...

           10. 60. The fact that any work or thing has been executed...

           11. 61. Any dispute arising between the nominated undertaker and the drainage...