High Speed Rail (West Midlands - Crewe) Act 2021

1Power to construct and maintain works for Phase 2a of High Speed 2

2Further provision about works

Compulsory acquisition of land

4Power to acquire land compulsorily

5Acquisition of rights and imposition of restrictive covenants

6Acquisition of airspace

7Acquisition of subsoil or under-surface

8Highway subsoil

9Termination of power to acquire land

Extinction and exclusion of rights over land

10Extinction of rights over land

11Extinction of rights of statutory undertakers

12Exclusion of new rights of way

Temporary possession and use of land

13Temporary possession and use of land

15Enforcement of restrictions on land use

16Compensation for injurious affection

17Deemed planning permission

18Time limit on deemed planning permission

19Power to disapply deemed planning permission

20Development consent

21Listed buildings and ancient monuments

22Burial grounds

23Consecrated land

24Commons and open spaces

26Overhead lines

33Community Infrastructure Levy

Railway matters

34Objectives of Office of Rail and Road

35Disapplication of licensing requirement in pre-operational phase

36Disapplication of statutory closure provisions

37Other railway legislation etc

39Transfer of functions relating to works

Nominated undertaker

41Nominated undertaker

Statutory undertakers etc

42Extension of planning permission for statutory undertakers

43Protective provisions

44Existing agreements

Reinstatement and environmental works

45Compulsory acquisition of land for relocation of an undertaking

46Power to carry out reinstatement works

47Planning permission: works involving reinstatement of undertaking

48Enforcement of environmental covenants

Further high speed rail works

49Power to apply Act to further high speed rail works

50Application of powers to Crown land

51Highways for which Secretary of State is highway authority

Deposited plans and sections

53“Deposited plans” and “deposited sections”

54Correction of deposited plans

Miscellaneous and general

55Environmental Impact Assessment Regulations: miscellaneous

57Notices and other documents

58Resumption of previous use of land

59Ancient woodland

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

61“Phase 2a purposes”

62Interpretation

63Financial provision

64Commencement and short title

SCHEDULE 1Scheduled works

Construction and maintenance of works

1(1) The scheduled works must be constructed—

Description of scheduled works

County of Staffordshire, District of Lichfield, Parish of Kings Bromley—...

SCHEDULE 2Works

Authority to survey and investigate land etc

1(1) The nominated undertaker may for the purposes of this...

Support of buildings and apparatus etc

2(1) The nominated undertaker may support or strengthen a building...

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

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

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

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

Trees on neighbouring land

7(1) This paragraph applies where— (a) a tree overhangs land...

Exercise of powers of entry under paragraphs 2 to 7

8(1) This paragraph applies where the nominated undertaker has a...

Noise mitigation for buildings

9(1) The nominated undertaker may carry out noise mitigation works...

Discharge of water

10(1) The nominated undertaker may use any watercourse or any...

Temporary interference with waterways

11(1) The powers under this paragraph are exercisable in relation...

Electronic communications apparatus

12(1) The nominated undertaker may, in installing any electronic communications...

SCHEDULE 3Overhead line diversions

SCHEDULE 4Highways

PART 1Highway access

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

PART 2Interference with highways

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

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

Effect of stopping up of highway

4(1) On a highway or part of a highway being...

Creation of public rights of way over new footpaths, bridleways etc

5(1) This paragraph applies where a footpath, bridleway or other...

Deviation of new footpaths, bridleways etc

6(1) This paragraph applies where the nominated undertaker, in exercise...

Permanent obstruction

7(1) The powers under section 2(1), (3) and (5) may...

Temporary interference

8(1) For the purposes of the works authorised by this...

9(1) The nominated undertaker may, for the purposes of the...

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

Working sites in highways

11Any highway or part of a highway which is stopped...

PART 3Construction and maintenance of highways

Construction and alteration

12(1) Where under this Act the nominated undertaker—

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

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

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

Roads constructed as highways

16(1) This paragraph applies where under this Act the nominated...

17(1) Sub-paragraph (2) applies where under this Act the nominated...

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

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

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

Bridges carrying highways

21Each of sections 116 and 117 of the Transport Act...

SCHEDULE 5Highways: tables relevant to Part 2 of Schedule 4

SCHEDULE 6Acquisition of land for particular purposes

The purposes for which land specified in the following table...

SCHEDULE 7Acquisition of land: application of compulsory purchase legislation

Land Clauses Consolidation Act 1845 (c. 18)

1The Land Clauses Consolidation Act 1845 does not apply to...

Compulsory Purchase Act 1965 (c. 56)

2(1) In its application by virtue of section 4(3), the...

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

3In its application by virtue of section 4(4), the Compulsory...

Acquisition of Land Act 1981 (c. 67)

4(1) Section 4 of the Acquisition of Land Act 1981...

SCHEDULE 8Land where powers of acquisition are limited to acquisition of rights or imposition of restrictive covenants

SCHEDULE 9Acquisition of rights in land etc: application of compulsory purchase legislation

Compulsory Purchase Act 1965 and compensation enactments

1Part 1 of the Compulsory Purchase Act 1965 (referred to...

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

Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments

3(1) The Compulsory Purchase (Vesting Declarations) Act 1981 (“the 1981...

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

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

5In paragraph 2 of Schedule 9 to the High Speed...

SCHEDULE 10Acquisition of rights in land: substituted Schedule 2A for Compulsory Purchase Act 1965

This is the version of Schedule 2A to the Compulsory...

SCHEDULE 11Land where powers of acquisition are limited to sub-surface acquisition

Restriction of power of compulsory acquisition to land under the surface

1In the case of land specified in the following table,...

2(1) Paragraph 1 is subject to the power to impose...

SCHEDULE 12Highways: restrictions on powers to use subsoil and acquire land

SCHEDULE 13Right to require acquisition where time limit extended

1(1) If the Secretary of State makes an order under...

2(1) Sub-paragraph (2) applies if a person with a qualifying...

3(1) Where a person gives the Secretary of State a...

4(1) References in this Schedule to the “applicable compulsory acquisition...

SCHEDULE 14Extinction of rights over land

Land to which Schedule applies

1This Schedule applies to— (a) land within the Act limits...

2(1) All private rights over land within paragraph 1(a) are...

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

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

5(1) All general rights over land within paragraph 1(a) are...

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

Meaning of “the appropriate time”

7(1) References in this Schedule to “the appropriate time” are...

Amendments to registers of common land or town or village greens

8(1) This paragraph applies where— (a) the Secretary of State...

9In this Schedule— (a) references to section 11(1) of the...

SCHEDULE 15Temporary possession and use of land

PART 1Temporary possession for construction of works

Right to enter on and take possession of land

1(1) The nominated undertaker may enter on and take possession...

2(1) Paragraph 1(2) does not apply in relation to—

Powers exercisable on land of which temporary possession has been taken

3(1) Where under paragraph 1(1) or (2) the nominated undertaker...

Procedure and compensation

4(1) Not less than 28 days before entering upon and...

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

PART 2Temporary possession for maintenance of works

Right to enter on and take possession of land

6(1) At any time during the maintenance period relating to...

Procedure and compensation

7(1) Not less than 28 days before entering upon and...

PART 3Suspension of rights and enforcement

Suspension of rights relating to land

8(1) All private rights over land of which the nominated...

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

10(1) Section 13 of the Compulsory Purchase Act 1965 (refusal...

SCHEDULE 16Temporary possession and use of land: table of land

SCHEDULE 17Conditions of deemed planning permission

PART 1Conditions

1The requirements in paragraphs 2 to 12 are conditions of...

Condition relating to building works

2(1) To the extent that development consists of building works,...

Condition relating to other construction works

3(1) If the relevant planning authority is a qualifying authority,...

Condition relating to matters ancillary to development

4(1) If the relevant planning authority is a qualifying authority,...

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

Condition relating to road transport

6(1) Where— (a) the relevant planning authority is a qualifying...

Conditions relating to waste and spoil disposal and excavation

7(1) If the relevant planning authority is a qualifying authority,...

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

Conditions on bringing scheduled works and depots into use

9(1) If the relevant planning authority is a qualifying authority,...

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

Condition relating to discontinuation of ancillary operations

11Where development consists of or includes the carrying out on...

Condition relating to site restoration

12(1) The nominated undertaker must, after discontinuation of the use...

PART 2Qualifying authorities

Specification of qualifying authorities

13(1) As soon after the day on which this Act...

14(1) Regulations under paragraph 13 may contain such transitional provision...

PART 3Approvals: supplementary

Requests for planning approval

15A planning authority may only grant approval under Part 1...

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

Fees for requests for approval

17(1) The appropriate Ministers may by regulations make provision about...

Consultation on requests for approval

18(1) This paragraph applies where a planning authority considers that...

Directions restricting powers of approval

19(1) The appropriate Ministers may by directions restrict a planning...

Compulsory reference of requests for approval

20(1) The appropriate Ministers may by directions require a planning...

Non-material changes to approvals

21(1) A planning authority may at the request of the...

Termination of approval relating to road transportation arrangements

22(1) An approval under paragraph 6 of arrangements relating to...

23(1) Where the nominated undertaker is aggrieved by a decision...

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

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

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

Guidance by Secretary of State

27(1) The Secretary of State may give guidance to planning...

PART 4Supplementary and general

28(1) Regulations under this Schedule may make different provision for...

29In this Schedule— “appropriate Ministers” means the Secretary of State...

SCHEDULE 18Listed buildings

Buildings authorised to be demolished, altered or extended

1(1) This paragraph applies to— (a) a listed building which—...

Buildings in respect of which noise mitigation works are authorised

2(1) This paragraph applies to a listed building which—

Damage to buildings

3Section 59 of the Listed Buildings and Conservation Areas Act...

Power to disapply provision made by paragraphs 1 to 3

4(1) The Secretary of State may by regulations make any...

Heritage partnership agreements

5The provisions of any agreement under section 26A of the...

Inspection and observation of works

6(1) Any person duly authorised in writing by the Historic...

Recording of buildings

7(1) The nominated undertaker must not carry out decontrolled works...

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

9(1) In this Schedule— “building” and “listed building” have the...

TABLE 1: buildings authorised to be demolished, altered or extended...

SCHEDULE 19Ancient monuments

Disapplication of controls

1(1) This paragraph has effect in relation to the Ancient...

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

Power to disapply provision made by paragraphs 1 and 2

3(1) The Secretary of State may by regulations make any...

Inspection and observation of works etc

4(1) Any person duly authorised in writing by the Commission...

5In this Schedule, references to “the Commission” are to the...

SCHEDULE 20Burial grounds

Notice of removal of remains or monument

1(1) Before removing from the land in question any remains...

Removal of remains under licence

2(1) In the case of remains in relation to which...

Removal of remains by nominated undertaker

3(1) In the case of remains in relation to which...

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

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

Removal of monuments

6(1) Where a licence to remove any remains is issued...

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

8(1) Where any remains in relation to which paragraph 1(1)...

Discharge of functions by nominated undertaker

9(1) Where the nominated undertaker removes remains in relation to...

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

Relatives and personal representatives

11(1) In this Schedule, references to a relative of the...

SCHEDULE 21Water

Water abstraction and impounding

1The restriction imposed by section 24(1) of WRA 1991 (restriction...

2Section 25 of WRA 1991 (restrictions on impounding) does not...

3(1) Section 48A(1) of WRA 1991 (duty not to cause...

No environmental permit required for operating regulated facility etc

4(1) Regulation 12(1) of the Environmental Permitting Regulations (which requires...

5Paragraph 5 of Schedule 1 to FWMA 2010 (consent required...

6Paragraph 7 of Schedule 3 to FWMA 2010 (approval required...

7Part 4 of the Eels (England and Wales) Regulations 2009...

8In this Schedule— “abstraction” has the same meaning as in...

SCHEDULE 22Buildings

Building regulations

1(1) Nothing in— (a) Part 1 of the 1984 Act...

2In section 61 of the 1984 Act—

Drain disconnections

3Where works described in section 62(1)(a), (b) or (c) of...

Raising of chimneys

4(1) This paragraph applies where— (a) the nominated undertaker is...

Construction of cellars and rooms below subsoil water level

5(1) Section 74(1) of the 1984 Act (which requires local...

Demolition of whole or part of building

6Sections 80(2)(b), 81 and 82 of the 1984 Act (which...

7In this Schedule— “the 1984 Act” means the Building Act...

SCHEDULE 23Party walls etc

1In this Schedule, “the 1996 Act” means the Party Wall...

2No notice under section 1(2) or (5) of the 1996...

3Sections 1(6) and 2 of the 1996 Act (rights of...

4No party structure notice under section 3 of the 1996...

5Section 6 of the 1996 Act (underpinning of adjoining buildings)...

6(1) Where— (a) a building owner (within the meaning of...

7(1) This paragraph applies where a dispute arises or is...

8(1) Where, by virtue of paragraph 6, work to which...

SCHEDULE 24Street works

Works in or near highways

1(1) Section 141 of the Highways Act 1980 (restriction on...

2(1) The powers conferred by section 56(1) and (1A) of...

3(1) Nothing in Part 3 of the Traffic Management Act...

SCHEDULE 25Lorries

Lorry ban orders

1(1) In this Schedule, “lorry ban order” means an order...

Required provision in lorry ban orders

2(1) If a lorry ban order does not contain the...

Issue of emergency permits

3(1) This paragraph applies where a person proposes to undertake...

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

Grant of applications for permit

5(1) This paragraph applies where an application for the issue...

Supplementary interpretation

6(1) In this Schedule— “approved arrangements” means arrangements approved for...

SCHEDULE 26Noise

Control of noise on construction sites

1(1) In the Control of Pollution Act 1974, sections 60...

Defences to proceedings relating to statutory nuisance

2In proceedings for an offence under section 80(4) of the...

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

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

SCHEDULE 27Local Acts

Cheshire County Council Act 1968 (c. xxxvi)

1Section 12 of the Cheshire County Council Act 1968 (prohibition...

Cheshire County Council Act 1980 (c. xiii)

2(1) Section 12 of the Cheshire County Council Act 1980...

Staffordshire Act 1983 (c. xviii)

3(1) Section 7 of the Staffordshire Act 1983 (plans for...

SCHEDULE 28Application of other railway legislation etc

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

1The Highway (Railway Crossings) Act 1839 does not apply to...

Railway Regulation Act 1840 (c. 97)

2(1) In its application to Phase 2a of High Speed...

Railway Regulation Act 1842 (c. 55)

3Section 9 of the Railway Regulation Act 1842 does not...

Railways Clauses Consolidation Act 1845 (c. 20)

4(1) The following provisions only of the Railways Clauses Consolidation...

Regulation of Railways Act 1889 (c. 57)

5In its application to Phase 2a of High Speed 2,...

British Transport Commission Act 1949 (c xxix)

6(1) Section 55 of the British Transport Commission Act 1949...

SCHEDULE 29Arbitration between railway operators

Directions as to results to be achieved

1(1) This paragraph applies where a difference is referred under...

Directions as to consolidation and grouping of proceedings

2(1) The Secretary of State may, on request or otherwise,...

SCHEDULE 30Traffic regulation

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

1(1) This paragraph applies where— (a) the traffic authority for...

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

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

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

4(1) The Secretary of State may give a direction to...

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

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

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

7(1) The Secretary of State may direct a traffic authority...

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

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

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

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

11(1) The Secretary of State may give a direction to...

Consultation requirements applicable to Secretary of State

12(1) The Secretary of State must consult a traffic authority—...

13(1) The Secretary of State must prepare a statement setting...

Removal of vehicles

14(1) An authorised person may remove a vehicle, or arrange...

15In this Schedule— “road” has the same meaning as in...

SCHEDULE 31Extension of planning permission for statutory undertakers

Case where planning permission extended

1(1) Article 3(10) of the General Permitted Development Order (which...

Condition of extended planning permission

2(1) Planning permission granted by virtue of paragraph 1 is...

Controls on proposed development

3(1) Where— (a) it appears to the Secretary of State...

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

5(1) A notice under this Schedule must—

SCHEDULE 32Protective provisions

PART 1Highways and traffic

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

2Wherever in this Part provision is made with respect to...

3In exercising the powers conferred by this Act in relation...

4(1) This paragraph applies to the construction of any tunnel,...

5In the construction of any part of the works to...

6(1) The provisions of this paragraph have effect in relation...

7The nominated undertaker must— (a) secure that so much of...

8(1) Any officer of the highway authority duly appointed for...

9(1) The nominated undertaker must not alter, disturb or in...

10The nominated undertaker must not remove any soil or material...

11(1) If the highway authority, after giving to the nominated...

12The nominated undertaker must not, except with the consent of...

13The nominated undertaker must, if reasonably so required by the...

14(1) Where any part of any highway has been broken...

15(1) This paragraph applies where damage to any highway or...

16The fact that any act or thing may have been...

17(1) Any dispute arising between the nominated undertaker and the...

PART 2Electricity, gas, water and sewerage undertakers

18(1) The following provisions of this Part have effect, unless...

19(1) The following provisions of this paragraph have effect in...

20(1) This paragraph applies where— (a) the nominated undertaker for...

21(1) Any alternative apparatus to be constructed by the undertakers...

22(1) This paragraph applies where— (a) the manner of construction...

23(1) This paragraph applies where the nominated undertaker gives notice...

24(1) This paragraph applies where, in accordance with the provisions...

25(1) Not less than 28 days before commencing to construct...

26(1) If in consequence of the exercise of the powers...

27Where, in consequence of this Act, any part of any...

28(1) Subject to the following provisions of this paragraph, the...

29(1) This paragraph applies where, by reason of the construction...

30In any case where Network Rail Infrastructure Limited (“Network Rail”)...

31(1) Any dispute arising between the nominated undertaker and the...

PART 3Electronic communications code networks

32(1) The following provisions of this Part have effect, unless...

33(1) Subject to sub-paragraph (2), Part 10 of the electronic...

34The temporary stopping up or diversion of any highway under...

35(1) Where a highway is stopped up under paragraph 2...

36(1) Where the nominated undertaker or the Secretary of State...

37(1) Sub-paragraph (2) applies where, by reason of the construction...

38In any case where Network Rail Infrastructure Limited (“Network Rail”)...

39(1) Any dispute arising between the nominated undertaker and an...

PART 4Land drainage, flood defence, water resources and fisheries

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

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

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

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

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

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

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

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

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

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

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

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

PART 5Canal & River Trust

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

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

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

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

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

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

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

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

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

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

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

High Speed Rail (West Midlands - Crewe) Act 2021

2021 c. 2

An Act to make provision for a railway between a junction with Phase One of High Speed 2, near Fradley Wood in Staffordshire, and a junction with the West Coast Main Line near Crewe in Cheshire; and for connected purposes.

[11th February 2021]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—