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High Speed Rail (West Midlands - Crewe) Act 2021

Type Public General Act

Publication 2021-02-11

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Works

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

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(1) The nominated undertaker may construct and maintain the works specified in Schedule 1, being—

(a) works for the construction of a railway between—

(i) a junction with Phase One of High Speed 2 near Fradley Wood in Staffordshire, and

(ii) a junction with the West Coast Main Line near Crewe in Cheshire,

(b) other railway works which are required for the purposes of—

(i) the railway mentioned in paragraph (a), or

(ii) a high speed railway transport system of which that railway forms or is to form part, and

(2) In this Act, the works specified in Schedule 1 are called the “scheduled works”.

(3) References in this Act to “Phase 2a of High Speed 2” are to the railway mentioned in subsection (1)(a).

(4) In subsection (1)(a), “Phase One of High Speed 2” has the same meaning as in the High Speed Rail (London - West Midlands) Act 2017 (see section 1(3) of that Act).

Further provision about works

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(1) The nominated undertaker may, for the purposes of or in connection with the scheduled works or otherwise for Phase 2a purposes, do any of the following within the Act limits—

(a) carry out and maintain railway electrification and signalling works;

(b) make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, buildings, apparatus, plant and machinery as may be necessary or expedient;

(c) construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or expedient;

(d) demolish the whole or part of any building or structure;

(e) alter or remove any structure erected upon any highway or adjoining land;

(f) alter, or alter the position of, railway track and any apparatus associated with railway track;

(g) install or alter, or alter the position of, other apparatus, including mains, sewers, drains and cables;

(h) alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(i) carry out and maintain such other works, of whatever description, as may be necessary or expedient.

(2) Subsection (1) does not authorise the making of any cut for drainage purposes which is more than 3.4 metres wide at the bottom.

(3) The nominated undertaker may within the Act limits—

(a) carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, and

(b) carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Act.

(4) Schedule 2 contains further and supplementary provision about works.

(5) Without prejudice to subsection (1)(g), the nominated undertaker may, for the purposes of or in connection with the works authorised by this Act, undertake the electric line diversions and other works specified in the table in Schedule 3.

Highways

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(1) The powers conferred on the nominated undertaker under this Act with respect to works may not be exercised in relation to a highway for which a strategic highways company is the highway authority unless the company consents.

(2) Schedule 4 contains provision about—

(a) highway access;

(b) power to stop up and interfere with highways;

(3) Schedule 5 contains tables that are relevant to the powers exercisable under Part 2 of Schedule 4.

Compulsory acquisition of land

Power to acquire land compulsorily

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(1) The Secretary of State may acquire compulsorily so much of the land within the Act limits as may be required for Phase 2a purposes.

(2) Schedule 6 contains provision about the particular purposes for which land within the limits of land to be acquired or used may be acquired under subsection (1).

(3) Part 1 of the Compulsory Purchase Act 1965, so far as not inconsistent with this Act, applies to an acquisition of land under subsection (1)—

(a) as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies, and

(b) as if this Act were a compulsory purchase order under that Act.

(4) The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Act were a compulsory purchase order.

(5) Schedule 7 contains further provision about the application of compulsory purchase legislation.

Acquisition of rights and imposition of restrictive covenants

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(1) The power under section 4(1) includes power—

(a) to acquire such easements or other rights over land to which the power relates as may be required for Phase 2a purposes, by—

(i) creating new easements or other rights, or

(ii) acquiring easements or other rights already in existence;

(b) to impose such restrictive covenants over land to which the power relates as may be required for Phase 2a purposes.

(2) In the case of land specified in the table in Schedule 8, the power under section 4(1) may be exercised only in either or both of the following ways—

(a) so as to acquire rights for purposes specified in relation to the land in column (3) of the table;

(b) so as to impose restrictive covenants for such specified purposes.

(3) The power under section 4(1), so far as relating to compulsory acquisition by virtue of subsection (1), includes power to acquire rights or to impose restrictive covenants for the benefit of a person other than the Secretary of State.

(4) The Secretary of State may by order provide that section 4(1), so far as relating to compulsory acquisition by virtue of subsection (1), is to be treated as also authorising acquisition of rights or imposition of restrictive covenants by such person as may be specified in the order.

(5) The power to make an order under subsection (4) includes power to make an order varying or revoking any order previously made under that subsection.

(6) Schedules 9 and 10 contain provision about the application of compulsory purchase legislation to a compulsory acquisition where rights are acquired or restrictive covenants imposed.

(7) In section 5 of the High Speed Rail (London - West Midlands) Act 2017 (which makes provision corresponding to that made by this section), after subsection (4) insert—

(4A) The power under section 4(1), so far as relating to compulsory acquisition by virtue of this section, includes power to acquire rights or to impose restrictive covenants for the benefit of a person other than the Secretary of State.

Acquisition of airspace

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(1) The power under section 4(1) in relation to land may be exercised in relation to the airspace over the land only.

(2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to airspace only—

(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);

(b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);

Acquisition of subsoil or under-surface

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(1) The power under section 4(1) in relation to land may be exercised in relation to the subsoil or under-surface of the land only.

(2) The following do not apply in connection with the exercise of the power under section 4(1) in relation to subsoil or under-surface only—

(a) Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat);

(b) Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration);

(3) Subsection (2) is to be disregarded where the power under section 4(1) is exercised in relation to a cellar, vault, arch or other construction forming part of a house, building or factory.

(4) Schedule 11 contains provision which in certain cases restricts the power under section 4(1) to the subsoil or under-surface of land.

Highway subsoil

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(1) The nominated undertaker may enter upon, take and use for the purposes of the works authorised by this Act so much of the subsoil of any highway within the Act limits as is required for the purposes of the construction or maintenance of those works, without being required to acquire that subsoil or any interest in it.

(2) Subsection (1) does not apply in relation to any cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway.

(3) In the case of land specified in the table in Schedule 12—

(a) the power under subsection (1) is not exercisable in relation to the subsoil of a highway comprised in the land, and

(b) the power under section 4(1) is not exercisable in relation to the land so far as the surface of the land is comprised in a highway.

(4) Subsection (3)(b) does not restrict the exercise of the power under section 4(1) in relation to a cellar, vault, arch or other construction in, on or under a highway which forms part of a building fronting on to the highway where—

(a) the building is within the Act limits, and

(b) the power under section 4(1) is exercisable in relation to the building.

(5) In the case of a highway comprised in land specified in the table in paragraph 1 of Schedule 11, the power under subsection (1) is exercisable only in relation to so much of the subsoil of the highway as lies more than 9 metres beneath the level of the surface of the highway.

(6) The restrictions imposed by subsections (3) and (5) on the power under subsection (1) do not affect the power under paragraph 9(1) of Schedule 4 (power of nominated undertaker to enter upon highway to carry out certain street works).

(7) The nominated undertaker must compensate any person who—

(a) is an owner or occupier of land in respect of which the power under subsection (1) is exercised, and

(b) suffers loss by the exercise of that power.

(8) Any dispute as to a person's entitlement to compensation under subsection (7), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(9) Compensation is not payable under subsection (7) to any person who is an undertaker to whom section 85 of the New Roads and Street Works Act 1991 applies (sharing of cost of necessary measures) in respect of measures of which the allowable costs are to be borne in accordance with that section.

Termination of power to acquire land

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(1) After the end of the period of 5 years beginning with the day on which this Act is passed—

(a) no notice to treat may be served under Part 1 of the Compulsory Purchase Act 1965, as applied by section 4(3) to the acquisition of land under section 4(1), and

(b) no declaration may be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by section 4(4) to the acquisition of land under section 4(1).

(2) The Secretary of State may by order extend the period under subsection (1) in relation to any land, but may only do so—

(a) once, and

(b) by not more than 5 years.

(3) An order under subsection (2) is subject to special parliamentary procedure (as to which, see the Statutory Orders (Special Procedure) Act 1945).

(4) Schedule 13 contains provision about a right to require acquisition where an order is made under subsection (2).

Extinction and exclusion of rights over land

Extinction of rights over land

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Schedule 14 contains provision about the extinction of private and other rights over land.

Extinction of rights of statutory undertakers

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(1) Sections 271 to 273 of TCPA 1990 (extinguishment of rights of statutory undertakers etc) apply in relation to land held by the Secretary of State as being land which is required for or in connection with the works authorised by this Act as they apply in relation to land acquired or appropriated as mentioned in section 271(1) of that Act.

(2) In their application by virtue of subsection (1)—

(a) sections 271 to 273 of TCPA 1990 have effect as if references to the acquiring or appropriating authority were to the nominated undertaker, and

(b) sections 271 and 272 of that Act also have effect as if—

(i) in subsection (2), for the words from “with” to “appropriated” there were substituted “ authorised by the High Speed Rail (West Midlands - Crewe) Act 2021 ”, and

(ii) in subsection (5), for the words from “local” to “or undertakers” there were substituted “ a person other than a Minister, the Minister ”.

(3) Any reference in TCPA 1990 to section 271, 272 or 273 (including a reference to a provision of any of those sections) includes a reference to that section (or provision) as applied by subsection (1).

(4) In their application by virtue of subsection (3)—

(a) section 274(3) of TCPA 1990 has effect as if for “local authority or statutory undertakers” there were substituted “ person ”, and

(b) sections 274(5), 279(2) to (4) and 280(6) of that Act have effect as if references to the acquiring or appropriating authority were to the nominated undertaker.

Exclusion of new rights of way

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(1) No right of way may be acquired by prescription or user over land which—

(a) forms an access or approach to any railway infrastructure, and

(b) falls within subsection (2).

(2) Land falls within this subsection if it is within the Act limits and—

(a) the land, or a right of way over the land, has been acquired under this Act,

(b) the land, or a right of way over the land, is acquired by the Secretary of State for Phase 2a purposes otherwise than under this Act on or after the day on which this Act comes into force, or

(c) the land, or a right of way over the land, was held by the Secretary of State for Phase 2a purposes immediately before that day.

(3) In subsection (1), “railway infrastructure” means any building, structure, railway track or other work used, or intended to be used, for Phase 2a purposes.

Temporary possession and use of land

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Schedules 15 and 16 contain provision about temporary possession and use of land in connection with the works authorised by this Act.

Use of roads

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(1) The nominated undertaker may use any road situated on land specified in the table in Schedule 8 for the passage of persons or vehicles (with or without materials, plant or machinery) for Phase 2a purposes.

(2) The power under subsection (1) is exercisable on giving at least 7 days' notice (or, where access is urgently required, such notice as is reasonably practicable) to the owners and occupiers of the land.

(3) But subsection (2) does not require notice to be given in relation to a road where notice under that subsection has already been given in relation to the road.

(4) The power under subsection (1) may not be exercised after the end of 5 years beginning with the date on which Phase 2a of High Speed 2 is brought into general use.

(5) The nominated undertaker must compensate the person having the management of a road to which subsection (1) applies for any loss which the person may suffer by reason of the exercise of the power under that subsection.

(6) Any dispute as to a person's entitlement to compensation under subsection (5), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

Enforcement of restrictions on land use

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(1) This section applies where—

(a) a prohibition or restriction relating to the use of land is imposed by a covenant or agreement between a person interested in the land (“the promisor”) and the Secretary of State, and

(b) the covenant or agreement is made for Phase 2a purposes.

(2) The Secretary of State may enforce the prohibition or restriction against persons deriving title from or under the promisor in respect of land to which it relates as if—

(a) the Secretary of State were possessed of adjacent land, and

(b) the covenant or agreement had been expressed to be made for the benefit of such land.

(3) Section 2(c) of the Local Land Charges Act 1975 (under which a prohibition or restriction enforceable by a Minister of the Crown under a covenant or agreement is not a local land charge if binding on successive owners because made for the benefit of land of the Minister) does not apply to the prohibition or restriction.

Compensation for injurious affection

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Section 10(1) of the Compulsory Purchase Act 1965 (compensation for injurious affection) has effect, in relation to land injuriously affected by the execution of works under this Act by the nominated undertaker, as if for “acquiring authority have” there were substituted “ nominated undertaker has ”.

Planning

Deemed planning permission

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(1) Planning permission is deemed to be granted under Part 3 of TCPA 1990 for the carrying out of development authorised by this Act.

This is subject to the other provisions of this Act.

(2) Where development authorised by this Act consists of the carrying out of a work which is not a scheduled work, subsection (1) does not apply if—

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