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High Speed Rail (West Midlands - Crewe) Act 2021

Type Public General Act

Publication 2021-02-11

Last updated 2024-10-30

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) references to a building are to be read as references to the apparatus or pipe-line (and references to the support or strengthening of a building are to be read as references to the replacement, support or strengthening of the apparatus or pipe-line);

(b) references to the owners and occupiers of a building are to be read as references to the owner of the apparatus or pipe-line;

(c) references to land adjacent to a building are to be read, in the case of apparatus or a pipe-line situated below the surface of the ground, as including land above the site of the apparatus or pipe-line;

(d) in paragraph 2—

(i) the reference in sub-paragraph (2) to a notice under sub-paragraph (1)(b) is to be read as a reference to a notice under sub-paragraph (2)(b) of this paragraph,

(ii) references to the condition in sub-paragraph (1)(a) are to be read as references to the conditions in sub-paragraph (2)(a) and (if applicable) (c) of this paragraph, and

(iii) in sub-paragraph (8), the reference to placing or leaving equipment or material in, next to or under the building or on or under land in the vicinity of the building were to placing and leaving equipment or material on any land above, next to or below the site of the apparatus or pipe-line, or on or under land in the vicinity of that site.

(5) In this paragraph, “relevant pipe-line” means—

(a) a cross-country pipe-line (within the meaning of the Pipe-lines Act 1962), and

(b) a local pipe-line (within the meaning of that Act) in relation to the construction of which a direction under section 6 of that Act has or had effect.

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(1) This paragraph has effect for the purposes of paragraphs 2 to 5.

(2) “Building” includes any structure.

(3) A building (or, in the case of paragraph 5, apparatus or pipe-line) is within 50 metres of a work if all or part of it is within that distance.

(4) In the case of a work under the surface of the ground, a reference to a building (or, in the case of paragraph 5, apparatus or pipe-line) within 50 metres of that work includes a reference to a building (or apparatus or pipe-line) all or part of which is within 50 metres of any point on the surface below which the work is situated.

Trees on neighbouring land

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(1) This paragraph applies where—

(a) a tree overhangs land used for Phase 2a purposes, or

(b) the roots of a tree encroach on such land.

(2) The nominated undertaker may by notice to the occupier of the land on which the tree is growing (a “tree works notice”) require the tree to be removed, topped or lopped, or its roots to be cut back, if it is necessary for that to be done—

(a) to enable works authorised by this Act to be constructed or maintained, or

(b) for reasons of safety in connection with such works or the operation of Phase 2a of High Speed 2.

(3) The person to whom a tree works notice is given may object to the notice by giving the nominated undertaker a counter-notice to that effect before the end of 28 days beginning with the day on which the tree works notice is given.

(4) If a counter-notice is given, the tree works notice has no effect unless confirmed by an order of the county court.

(5) The nominated undertaker may carry out the works required by a tree works notice if the notice has been in effect for a continuous period of at least 28 days and has not been complied with.

(6) Where the power under sub-paragraph (5) is exercisable, the nominated undertaker may, after giving 7 days' notice to the occupier of the land on which the tree concerned is growing, enter the land for the purpose of exercising the power in relation to it.

(7) If the nominated undertaker tops or lops a tree, or cuts back the roots of a tree, in exercise of the power under sub-paragraph (5), it must do so—

(a) in accordance with good arboricultural practice, and

(b) in such a way as to cause the minimum of damage to the tree.

(8) The following do not apply to works required by a tree works notice—

(a) an order under section 198(1) or 202(1) of TCPA 1990 and regulations under section 202A(1) of that Act (tree preservation orders);

(b) section 211(1) and (5) of that Act (preservation of trees in conservation areas).

(9) On application by a person who has incurred expenses in complying with a tree works notice, the county court must order the nominated undertaker to pay the person such compensation in respect of the expenses as the court thinks fit.

Exercise of powers of entry under paragraphs 2 to 7

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(1) This paragraph applies where the nominated undertaker has a power to enter land under any provision of paragraphs 2 to 7.

(2) The following provisions of Part 7 of the Housing and Planning Act 2016 (compulsory purchase etc) apply in relation to the exercise of the power as they apply in relation to the exercise of the power conferred by section 172(1) of that Act to enter and survey or value land—

section 172(2), (3) and (5) (right to enter and survey land);

section 173 (warrant authorising use of force to enter and survey land);

section 174(4) (copy of warrant to be given to those to whom notice of entry is given);

section 175 (enhanced authorisation procedures etc for certain surveys);

section 176 (right to compensation after entry on or survey of land);

section 177 (offences in connection with powers to enter land).

(3) The following modifications have effect for the purposes of the application of the provisions of the Housing and Planning Act 2016 specified in sub-paragraph (2)—

(a) references to the acquiring authority are to be read as references to the nominated undertaker;

(b) references to—

(i) a person authorised in writing by the acquiring authority, or

(ii) a person exercising or seeking to exercise the power conferred by section 172(1) of the Housing and Planning Act 2016,

are to be read as references to the nominated undertaker or (as the case may be) to a person authorised to exercise the power on the nominated undertaker's behalf;

(c) where the person exercising or seeking to exercise the power is the nominated undertaker, section 172(3)(a) is to be read as if it required the nominated undertaker to produce evidence of authority to enter the land;

(d) the reference in section 174(4) to a notice given in accordance with section 174(1) is to be read as a reference to the notice required in relation to the exercise of the power of entry in question (and the reference in section 175(1)(b) to the notice period mentioned in section 174(1) is to be construed accordingly);

(e) references in section 175(3) to a survey are to be read as including references to the activity for the purposes of which the nominated undertaker has the power to enter land.

Noise mitigation for buildings

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(1) The nominated undertaker may carry out noise mitigation works in respect of a building if it is necessary or expedient to do so in consequence of, for the purposes of or in connection with the construction or operation of any of the works authorised by this Act.

(2) “Noise mitigation works” means works for the purpose of mitigating the effects of noise caused, or expected to be caused, by the construction or operation of any of the works authorised by this Act.

(3) The nominated undertaker must not exercise the power under sub-paragraph (1) without the consent of the owners and occupiers of the building.

Discharge of water

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(1) The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water for the purposes of or in connection with the construction or maintenance of the works authorised by this Act and for that purpose—

(a) may lay down, take up and alter pipes, and

(b) on any land within the Act limits, may make connections with the watercourse, sewer or drain.

(2) The nominated undertaker must not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(3) The nominated undertaker must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, such approval not to be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(4) The nominated undertaker must not, in the exercise of the powers under this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river.

(5) The nominated undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers under this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.

(6) Any dispute as to the giving of consent under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(7) In this paragraph—

(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, the Homes and Communities Agency, an internal drainage board, a local authority, a joint planning board, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964;

(b) “watercourse” includes a river, stream, ditch, drain, cut, culvert, dyke, sluice, sewer or passage through which water flows, except a public sewer or drain;

(c) other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meaning as in that Act.

Temporary interference with waterways

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(1) The powers under this paragraph are exercisable in relation to the following waterways for the purposes of or in connection with the works authorised by this Act—

the River Trent;

the Trent and Mersey Canal.

(2) The nominated undertaker may—

(a) temporarily interfere with a waterway mentioned in sub-paragraph (1) at any point within the Act limits by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient;

(b) temporarily moor or anchor barges or other vessels or craft in a waterway mentioned in sub-paragraph (1);

(3) The power under sub-paragraph (2)(c) must be exercised in a way which secures—

(a) that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and

(b) that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.

(4) The nominated undertaker is not liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any interference in accordance with this paragraph with a public right of navigation.

(5) The nominated undertaker must compensate any person who suffers loss as a result of any interference in accordance with this paragraph with a private right of navigation.

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

Electronic communications apparatus

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(1) The nominated undertaker may, in installing any electronic communications apparatus in exercise of the powers conferred by this Act—

(a) provide additional capacity for electronic communications apparatus belonging to any other person;

(b) construct any extension or other alteration of electronic communications apparatus in connection with providing such additional capacity.

(2) In sub-paragraph (1), “electronic communications apparatus”—

(a) has the meaning given by paragraph 5(1) of Schedule 3A to the Communications Act 2003, but

(b) excludes any radio mast.

SCHEDULE 3

SCHEDULE 4

PART 1 — Highway access

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

(a) form and lay out means of access, and

(b) improve existing means of access,

at any place within the Act limits.

(2) In the case of works at a place shown on the deposited plans which require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, the power under sub-paragraph (1) is exercisable on giving at least 28 days' notice to the highway authority.

(3) Works which are the subject of a notice under sub-paragraph (2) may not be carried out at the place shown on the deposited plans if, within 28 days of the giving of the notice, the highway authority objects to the works being carried out there by giving the nominated undertaker notice to that effect.

(4) The only ground on which the highway authority may object under sub-paragraph (3) is that works under sub-paragraph (1) should be carried out instead at another place within the Act limits to prevent or reduce—

(a) injury to local amenity, or

(b) prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being carried out there.

(5) If, in the case of works under sub-paragraph (1) at a place shown on the deposited plans, the works require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, they must be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker.

(6) The only ground on which the highway authority may refuse to approve plans or specifications for the purposes of sub-paragraph (5) is that they ought to be modified to prevent or reduce—

(a) injury to local amenity, or

(b) prejudicial effects on road safety or on the free flow of traffic in the local area,

and are reasonably capable of being so modified.

(7) Works under sub-paragraph (1) may only be carried out at a place not shown on the deposited plans if the highway authority consents to the siting of the works; and such consent is not to be unreasonably withheld.

(8) Works under sub-paragraph (1) at a place not shown on the deposited plans must be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker; and such approval is not to be unreasonably withheld.

(9) In considering whether to give consent for the purposes of sub-paragraph (7), or approval for the purposes of sub-paragraph (8), in a case where the works require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, the highway authority must have regard in particular to effects on road safety and on the free flow of traffic in the local area.

(10) If, on application by the nominated undertaker for the approval of plans or specifications under sub-paragraph (5) or (8), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having approved the plans or specifications as submitted.

(11) If a highway authority which receives an application for consent under sub-paragraph (7) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted it.

(12) Where an objection under sub-paragraph (3) leads to the carrying out of works under sub-paragraph (1) at a place not shown on the deposited plans, sub-paragraphs (5), (7) and (8) have effect in relation to the works as if the place were shown on the deposited plans.

(13) Any dispute with a highway authority under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

PART 2 — Interference with highways

Stopping up

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(1) The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up each highway or part of a highway specified in table 1 or 2 in Schedule 5.

(2) Where a highway or part of a highway is specified in table 1 in Schedule 5, it may not be stopped up under sub-paragraph (1) unless all of the land which abuts on it falls within one or more of the following categories, namely—

(a) land to which there is no right of access directly from the highway or part to be stopped up;

(b) land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up;

(d) land which is in the possession of the Secretary of State.

(3) Where a highway or part of a highway is specified in columns (1) and (2) of table 2 in Schedule 5—

(a) it may not be stopped up under sub-paragraph (1) until the date on which the new highway to be provided in substitution for the highway or part, as specified in column (3) of table 2, is first open for public use, but

(b) the nominated undertaker may, at any time before that date, temporarily stop up so much of the highway or part as is within the Act limits for the purposes of or in connection with the provision of the new highway to be provided in substitution for the highway or part.

(4) Before exercising the power conferred by sub-paragraph (3)(b) in relation to a highway or part of a highway, the nominated undertaker must consult the highway authority.

(5) The purpose of consultation under sub-paragraph (4) is to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.

(6) Where a new highway specified in column (3) of table 2 in Schedule 5 is provided in exercise of the powers conferred by this Act, the date on which the new highway is first open for public use is to be taken for the purposes of sub-paragraph (3) to be—

(a) where a date has been determined in relation to the highway under paragraph 17(6), the date so determined, and

(b) where it has not, the date certified under paragraph 17(5).

(7) There is no need to reinstate a highway or part of a highway in relation to which the power conferred by sub-paragraph (3)(b) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power under sub-paragraph (1).

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(1) The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up a bridleway or footpath, or part of a bridleway or footpath, where—

(a) the bridleway or footpath (or part) is within the Act limits, and

(b) there is no power under paragraph 2 to stop up the bridleway or footpath (or part).

(2) The power under sub-paragraph (1) may not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers on application by the nominated undertaker.

(3) The appropriate Ministers must grant an application under sub-paragraph (2) if, but only if, they are satisfied—

(a) that an alternative bridleway or footpath has been provided,

(b) that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or

(4) Where the appropriate Ministers grant an application under sub-paragraph (2), they must notify the nominated undertaker of the basis on which the application is granted.

(5) Where an application under sub-paragraph (2) is granted on the basis that an alternative bridleway or footpath will be provided, the proposed stopping up may not take place until the alternative has been provided.

(6) Before making an application under sub-paragraph (2), the nominated undertaker must publish in at least one local newspaper circulating in the relevant area a notice—

(a) specifying—

(i) the bridleway or footpath, or part, proposed to be stopped up,

(ii) what, if any, alternative bridleway or footpath is proposed, and

(iii) if no alternative is proposed, the reasons why,

(b) specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”),

(c) stating that any person may within that period make representations about confirmation under sub-paragraph (2) of the proposed stopping up, and

(d) specifying the manner in which such representations may be made.

(7) Not later than the publication date, the nominated undertaker must—

(a) give a copy of the notice, together with any map or plan to which it refers, to every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and

(b) cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up.

(8) Before granting an application under sub-paragraph (2), the appropriate Ministers must consider any representations made to them in accordance with the nominated undertaker's notice which have not been withdrawn.

(9) Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) must, instead of being carried out by them, be carried out by a person appointed by them for the purpose.

(10) In sub-paragraph (6), references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated.

(11) In sub-paragraph (7)(a), “local authority” means—

(a) the council of a county, district or parish,

(b) a joint authority established by Part 4 of the Local Government Act 1985,

(d) the parish meeting of a rural parish not having a separate parish council.

(12) In this paragraph, references to the appropriate Ministers are to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

Effect of stopping up of highway

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(1) On a highway or part of a highway being stopped up under paragraph 2(1) or 3—

(a) all rights of way over or along it are extinguished, and

(b) the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land owned by the Secretary of State.

(2) The nominated undertaker must compensate any person who suffers loss by the extinction under this paragraph of a private right of way.

(3) Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(4) The Secretary of State is not entitled to any mines or minerals under land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act.

(5) Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) has effect in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) as if—

(a) references to the undertaking were to the undertaking which the nominated undertaker is authorised to carry on by this Act,

(b) in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority were to the nominated undertaker, and

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

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(1) This paragraph applies where a footpath, bridleway or other kind of way specified in column (3) of table 2 in Schedule 5 (substitute highways) or in table 3 in that Schedule (new rights of way) is provided in exercise of the powers conferred by this Act.

(2) A public right of way of the kind specified in column (3) of table 2 or in table 3 in Schedule 5 (as the case may be) is created on the date on which the footpath, bridleway or other way is first open for public use.

(3) Section 28 of the Highways Act 1980 (compensation for loss suffered by landowner) applies as if the public right of way created by virtue of sub-paragraph (2) had been created by an order under section 26 of that Act (public path creation orders).

(4) In its application by virtue of sub-paragraph (3), section 28 of that Act has effect as if it were modified as follows—

(a) in subsection (1), for “the authority by whom the order was made” there were substituted “ the Secretary of State ”;

(b) for subsection (2) there were substituted—

(2) A claim for compensation under this section must be made by notice in writing to the Secretary of State before the end of the period of 6 months beginning with the day on which the public right of way first becomes exercisable.

;

(5) In its application to a claim under section 28 of that Act (as applied by virtue of sub-paragraph (3)), section 307 of that Act (determination of disputes as to compensation) has effect as if, in subsection (2), for “the authority from whom the compensation in question is claimed” there were substituted “ the Secretary of State ”.

(6) For the purposes of sub-paragraph (2), the date on which a path or way is first open for public use is to be taken to be—

(a) where a date has been determined in relation to the path or way under paragraph 17(6), the date so determined, and

(b) where it has not, the date certified under paragraph 17(5).

Deviation of new footpaths, bridleways etc

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(1) This paragraph applies where the nominated undertaker, in exercise of the powers conferred by this Act, provides a footpath, bridleway or other kind of way which is specified in column (3) of table 2 in Schedule 5 (substitute highways) or in table 3 in that Schedule (new rights of way).

(2) In providing the path or way, the nominated undertaker may deviate laterally to any extent from the lines shown on the deposited plans, within the limits shown on those plans (and references in this Part of this Schedule to a highway specified in column (3) of table 2 or in table 3 in Schedule 5 are to be construed accordingly).

Permanent obstruction

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(1) The powers under section 2(1), (3) and (5) may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld.

(2) Any dispute with a highway authority under sub-paragraph (1) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(3) If a highway authority which receives an application for consent under sub-paragraph (1) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted it.

Temporary interference

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(1) For the purposes of the works authorised by this Act, the nominated undertaker may—

(a) temporarily stop up or alter or divert any highway or part of a highway;

(b) for any reasonable time divert traffic from, and prevent persons passing along, any highway or part of a highway;

(d) temporarily remove any street furniture in or beside a highway.

(2) The nominated undertaker must provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers under sub-paragraph (1)(a) to (c) if there would otherwise be no such access.

(3) Before exercising the powers under sub-paragraph (1) in relation to a highway, and to an extent, specified in table 4 in Schedule 5, the nominated undertaker must consult the relevant authority.

(4) The purpose of consultation under sub-paragraph (3) is to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience.

(5) Before exercising the powers under sub-paragraph (1) in relation to a highway, or to an extent, not specified in table 4 in Schedule 5, the nominated undertaker must obtain the consent in writing of the relevant authority.

(6) Consent under sub-paragraph (5) must not be unreasonably withheld, but may be given subject to such conditions as the relevant authority may reasonably require in the interest of public safety or convenience.

(7) If a relevant authority which receives an application for consent under sub-paragraph (5) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted the application.

(8) Any dispute with a relevant authority about consent under sub-paragraph (5) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(9) There is no need to reinstate a highway or part of a highway in relation to which any of the powers under sub-paragraph (1)(a) to (c) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power under paragraph 2(1) or 3(1).

(10) In this paragraph—

“relevant authority” means—the highway authority, in the case of the powers in sub-paragraph (1)(a) to (c);the owner of the street furniture, in the case of the power in sub-paragraph (1)(d);

“street furniture” includes traffic signs, street lighting and bus shelters.

Street works

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(1) The nominated undertaker may, for the purposes of the works authorised by this Act, enter upon any highway within the Act limits and—

(a) place, maintain or alter, or change the position of, apparatus in it,

(b) remove apparatus from it, and

(2) In this paragraph, “apparatus” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

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(1) Works executed under this Act in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if—

(a) they are of a description mentioned in section 86(3)(a), (c) to (e), (g) or (h) of that Act (which defines what highway authority works are major highway works), or

(b) they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers under section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980.

(2) Sub-paragraph (1) does not apply to works executed under powers delegated to a highway authority by an agreement under paragraph 14(2) of this Schedule (construction delegation agreements).

Working sites in highways

11

Any highway or part of a highway which is stopped up under paragraph 2(3)(b) or 8(1)(a) may be used as a working site if it is within the Act limits.

PART 3 — Construction and maintenance of highways

Construction and alteration

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(1) Where under this Act the nominated undertaker—

(a) constructs a new highway, or

(b) alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991,

the construction or alteration must be completed to the reasonable satisfaction of the highway authority.

(2) Where work mentioned in sub-paragraph (1) has been completed to the reasonable satisfaction of a highway authority, it must certify that fact in writing to the nominated undertaker.

(3) If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—

(a) issue a certificate under that sub-paragraph, or

(b) notify the nominated undertaker of its decision to refuse to issue such a certificate,

it is to be treated as having issued such a certificate at the end of that period.

(4) Any dispute with a highway authority under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

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(1) Sub-paragraph (2) applies where under this Act the nominated undertaker—

(a) constructs a new highway which is constituted by or comprises a carriageway, or

(b) realigns a highway which is constituted by or comprises a carriageway.

(2) The construction or realignment must be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker; and such approval is not to be unreasonably withheld.

(3) Any dispute with a highway authority under sub-paragraph (2) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(4) If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having approved the plans, sections or specifications as submitted.

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(1) Where under this Act the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into an agreement with the controllers of the highway concerning the construction (or contribution towards the expenses of construction) of—

(a) any new highway to be provided in substitution,

(b) any alteration of the existing highway, and

(2) Where the nominated undertaker has entered into an agreement under sub-paragraph (1) with the controllers of an existing highway, the nominated undertaker may, by agreement with them, delegate to them the power of constructing—

(a) any new highway to be provided in substitution, or

(b) any alteration of the existing highway,

including any bridge over any railway.

(3) Works executed by the controllers of an existing highway under a delegation agreement under sub-paragraph (2) which could have been carried out by them under section 64 or 184 of the Highways Act 1980 are to be treated for the purposes of section 86(3) of the New Roads and Street Works Act 1991 as having been so carried out by them.

(4) References in this paragraph to the controllers of a highway are to the persons having the charge, management or control of it.

15

(1) This paragraph applies in relation to a work authorised by this Act which appears to the Secretary of State to constitute—

(a) the construction of an extension to a trunk road or special road, or

(b) the realignment of a trunk road or special road.

(2) The Secretary of State may by regulations made by statutory instrument provide that the highway comprising the extension or realignment is to become a trunk road or special road (or both) as from a date—

(a) specified in the regulations, or

(b) if the regulations so provide, specified in an instrument in writing after the making of the regulations.

(3) Where, under regulations under this paragraph, a highway becomes a special road—

(a) the regulations must specify the special road authority for the highway,

(b) the highway is to be regarded as provided by the specified special road authority under a scheme under section 16 of the Highways Act 1980 made on the day the regulations are made, and

(c) the highway is to be regarded as so provided for the use of traffic of such classes referred to in Schedule 4 to that Act as may be provided for in the regulations (and the regulations may make different provision for different parts of the highway).

(4) Provision under sub-paragraph (3)(c) may be expressed by reference to classes of traffic which are at any time authorised under a scheme under section 16 of the Highways Act 1980 in relation to the road of which the highway is a realignment or extension.

Roads constructed as highways

16

(1) This paragraph applies where under this Act the nominated undertaker constructs a road as a highway.

(2) The resulting highway is created on the date on which the road is first open for public use.

(3) For the purposes of sub-paragraph (2), the date on which the road is first open for public use is the date on which the resulting highway is taken to be first open for public use for the purposes of paragraph 17(2).

(4) Where the resulting highway is a temporary highway, it ceases to be a highway on the day after the date on which the road is last open for public use.

(5) For the purposes of sub-paragraph (4), the date on which the road is last open for public use is to be taken to be the date notified by the nominated undertaker, in accordance with sub-paragraph (6), to the highway authority as being the date on which the road is to be last open for public use.

(6) The notification must be given to the highway authority by the nominated undertaker at least 28 days before the date on which the road is to be last open for public use.

Maintenance

17

(1) Sub-paragraph (2) applies where under this Act the nominated undertaker—

(a) provides a new highway, or

(b) alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991.

(2) The new or altered highway must be maintained by and at the expense of the nominated undertaker for a period of 12 months from—

(a) the date of practical completion, or

(b) if later, the date on which it is first open for public use;

and after the end of that period must be maintained by and at the expense of the highway authority.

(3) Sub-paragraph (2) is subject to—

(a) any agreement between the nominated undertaker and the highway authority as to alternative arrangements relating to the maintenance of the highway, and

(b) sub-paragraph (4), in respect of a period for which the nominated undertaker is under a duty to maintain the highway.

(4) Unless otherwise agreed between the highway authority and the nominated undertaker, the highway authority must ensure, so far as reasonably practicable, that safe passage along the new or altered highway is not endangered by snow or ice.

(5) Where the highway authority is satisfied that a highway mentioned in sub-paragraph (2) is practically complete or is open for public use, it must, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use.

(6) If the highway authority refuses a request to issue a certificate under sub-paragraph (5), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State.

(7) For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, is to be taken to be—

(a) where the date has been determined under sub-paragraph (6), the date so determined, and

(b) where it has not, the date certified under sub-paragraph (5).

(8) Sub-paragraph (2) does not have effect to impose any obligation in relation to—

(a) the structure of any bridge carrying a highway over any railway of the nominated undertaker, or

(b) the structure of any tunnel carrying a highway under any such railway.

(9) Nothing in this paragraph affects the operation of section 87 of the New Roads and Street Works Act 1991.

18

Where the nominated undertaker is responsible for maintaining a bridge carrying either of the following over a railway—

(a) a new highway constructed under this Act, or

(b) a highway altered under this Act,

the nominated undertaker may, by agreement with the persons having the charge, management or control of the highway, delegate to them the function of maintaining the bridge.

19

Section 58(1) and (2) of the Highways Act 1980 (special defence in action against highway authority for damages for non-repair of highway) applies to an action against the nominated undertaker in respect of damage resulting from its failure to maintain a highway under paragraph 17(2) or (3)(a) as it applies to an action against a highway authority as mentioned in section 58(1) of that Act (and references in section 58(1) and (2) to the highway authority are to be read accordingly).

20

Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act (see paragraph 4 of Schedule 28 to this Act), the nominated undertaker is not liable to maintain the surface of any highway under or over which the scheduled works are constructed, or the immediate approaches to any such highway.

Bridges carrying highways

21

Each of sections 116 and 117 of the Transport Act 1968 (duties as respects bridges carrying highways over railways) has effect as if the nominated undertaker were one of the boards mentioned in the section in question.

SCHEDULE 5

SCHEDULE 6

The purposes for which land specified in the following table may be acquired under section 4(1) include (but are not limited to) the purpose specified in relation to that land in the third column of the table.

SCHEDULE 7

Land Clauses Consolidation Act 1845 (c. 18)

1

The Land Clauses Consolidation Act 1845 does not apply to the acquisition of land under section 4(1).

Compulsory Purchase Act 1965 (c. 56)

2

(1) In its application by virtue of section 4(3), the Compulsory Purchase Act 1965 has effect with the following modifications.

(2) Omit section 4 (time for exercise of compulsory purchase powers).

(3) In section 11(1B) (power to enter on and take possession of land the subject of a notice to treat after giving the specified notice)—

(a) in a case where the notice to treat relates only to one or more of the following—

(i) the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface;

(ii) the acquisition of airspace over land;

(iii) an easement, restrictive covenant or other right over land,

for “3 months” substitute “ 1 month ”, and

(b) after “11A(4)” insert “ or (6) and (7) ”.

(4) In section 11A (powers of entry: further notices of entry)—

(a) in subsection (1)(a), after “land” insert “ under that provision ”,

(b) in subsection (2), after “land” insert “ under that provision, to the extent that the newly identified person is the owner, lessee or occupier of the land, ”,

(d) at the end insert—

(5) Subsections (6) and (7) apply for the purposes of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person in a case where subsection (4) does not apply. (6) The period specified in the notice must be— (a) in a case where the notice to treat relates only to one or more of the following— (i) the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface; (ii) the acquisition of airspace over land; (iii) an easement, restrictive covenant or other right over land, a period that ends no earlier than the end of the period of 7 days beginning with the day on which the notice of entry is served, and (b) in any other case, a period that ends no earlier than the end of the period of 28 days beginning with the day on which the notice of entry is served. (7) The period specified in the notice must end no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land.

(5) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “ section 9(1) of the High Speed Rail (West Midlands - Crewe) Act 2021 ”.

(6) In Schedule 2A (proposal to acquire part only of a house, building or factory)—

(a) omit paragraphs 1(2) and 14(2), and

(b) at the end insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under Schedule 15 to the High Speed Rail (West Midlands - Crewe) Act 2021 (temporary possession and use of land).

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

3

In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if—

(a) before section 4 there were inserted—

(3A) (1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is— (a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and (b) published in the London Gazette. (2) A notice under subsection (1) must be given before the service of any notice to treat in respect of the land with respect to which the declaration is to be made. (3) The notice must— (a) contain a statement, in the form prescribed for the purposes of section 15(4)(e) of the Acquisition of Land Act 1981 (with any necessary modifications), about the effect of Parts 2 and 3 of this Act, and (b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 to give the acquiring authority information about the person's name, address and interest in land, using the form prescribed for the purposes of section 15(4)(f) of the Acquisition of Land Act 1981 (with any necessary modifications). (4) A notice complying with the preceding provisions of this section must be sent to the Chief Land Registrar and it shall be a local land charge. (5) For the purposes of this section, a person has a relevant interest in land if— (a) the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or (b) the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

(b) sections 5 and 5A (which respectively set out the earliest date, and the time limit, for the execution of a general vesting declaration) were omitted,

(c) in section 6 (notices after execution of general vesting declaration), the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 were a reference to the invitation under section 3A(3) (as set out in sub-paragraph (a) above),

(d) in section 9 (minor tenancies and tenancies about to expire: power to enter on and take possession of land the subject of a notice to treat after giving the specified notice), for “3 months” there were substituted “ 14 days ”,

(e) in Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) were omitted, and

(f) references to the Compulsory Purchase Act 1965 were to that Act as applied by section 4(3) to the acquisition of land under section 4(1).

Acquisition of Land Act 1981 (c. 67)

4

(1) Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to compulsory purchase where unnecessary things done with view to obtaining compensation) has effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act.

(2) Section 5A of the Acquisition of Land Act 1981 (power to require information) has effect in relation to land to which section 4(1) applies as if it were land referred to in section 5A(1) of that Act.

(3) Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of working of mines or minerals underlying an authorised undertaking) have effect in relation to land to which section 4(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.

(4) In their application by virtue of sub-paragraph (3), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 have effect as if—

(a) references to the acquiring authority, except the second reference in paragraph 6, were to the nominated undertaker, and

(b) references to the undertaking were to the undertaking which the nominated undertaker is authorised by this Act to carry on.

SCHEDULE 8

SCHEDULE 9

Compulsory Purchase Act 1965 and compensation enactments

1

Part 1 of the Compulsory Purchase Act 1965 (referred to in this Schedule as “CPA 1965”), as applied by section 4(3) to the acquisition of land under section 4(1), and the enactments relating to compensation for the compulsory purchase of land, apply to a compulsory acquisition under section 4(1) by virtue of section 5—

(a) with the modifications specified in paragraph 2, and

(b) with such other modifications as may be necessary.

2

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

(2) References in CPA 1965 to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired or (as the case may be) the restrictive covenant imposed or to be imposed, or

(b) the land over which the right is, or is to be, exercisable or (as the case may be) the land over which the restrictive covenant is, or is to be, enforceable.

(3) For section 7 of CPA 1965 substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is acquired or the restrictive covenant is imposed is depreciated by the acquisition of the right or the imposition of the covenant, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of CPA 1965 (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)—

section 9(4) (failure of owners to convey),

paragraph 10(3) of Schedule 1 (owners under incapacity),

paragraph 2(3) of Schedule 2 (absent and untraced owners), and

paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily or the benefit of the covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11 of CPA 1965 (powers of entry) is modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right or restrictive covenant as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 4(1)), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right or enforcing that covenant; and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of that Act are modified accordingly.

(6) Section 20 of CPA 1965 (compensation for short-term tenants) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land, but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question.

(7) Section 22 of CPA 1965 (protection of acquiring authority's possession of land where interest accidentally omitted from purchase) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A to CPA 1965 substitute the version of that Schedule set out in Schedule 10 to this Act.

(9) In section 5A of the Land Compensation Act 1961 (relevant valuation date)—

(a) for subsection (5A) substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, (b) the authority is subsequently required by a determination under paragraph 13 of Schedule 2A to that Act (as substituted by paragraph 2(8) of Schedule 9 to the High Speed Rail (West Midlands - Crewe) Act 2021) to acquire an interest in the land, and (c) the authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on and taken possession of that land when it entered on it for the purpose of exercising the right or enforcing the covenant.

, and

(b) in subsection (5B), for paragraphs (a) and (b) substitute—

(a) a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration, (b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and (c) the vesting date for the right or covenant is different from the vesting date for the interest in the land,

(10) In the Land Compensation Act 1973, for section 44 substitute—

(44) (1) Where— (a) a right over land is acquired from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, or (b) a restrictive covenant over land is imposed on any person for the purpose of such works, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable or the covenant is enforceable. (2) In this section, “compensation for injurious affection” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 1 of Schedule 9 to the High Speed Rail (West Midlands - Crewe) Act 2021.

Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments

3

(1) The Compulsory Purchase (Vesting Declarations) Act 1981 (“the 1981 Act”), as applied by section 4(4) to the acquisition of land under section 4(1), applies to a compulsory acquisition under section 4(1) by virtue of section 5—

(a) with the modifications specified in paragraph 4, and

(b) with such other modifications as may be necessary.

(2) The enactments relating to compensation for the compulsory purchase of land also apply to a compulsory acquisition under section 4(1) by virtue of section 5.

4

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

(2) References in the 1981 Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired or (as the case may be) the restrictive covenant imposed or to be imposed, or

(b) the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable.

(3) References in the 1981 Act to the Compulsory Purchase Act 1965 are to be read as references to that Act as it applies to a compulsory acquisition under section 4(1) by virtue of section 5.

(4) Section 8(1) of the 1981 Act (vesting, and right to enter and take possession) is modified so as to secure—

(a) that a general vesting declaration in respect of any right or restrictive covenant vests the right or the benefit of the covenant in the acquiring authority on the vesting date, and

(b) that, as from the vesting date, the acquiring authority have power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right or enforcing that covenant as if the circumstances mentioned in section 8(1)(a) and (b) of the 1981 Act had arisen.

(5) Section 9(2) of the 1981 Act (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies, unless notice has been served on occupiers of the land) is modified so as to require a notice served by the appropriate authority under that provision to refer to the authority's intention to enter land specified in the notice in order to exercise the right or enforce the restrictive covenant.

(6) In section 10(1) of the 1981 Act (acquiring authority's liability on vesting of land), the reference to the acquiring authority's taking possession of the land under section 11(1) of CPA 1965 is to be read instead as a reference to the authority's exercising the power to enter the land under that provision as modified by paragraph 2(5) of this Schedule.

(7) Schedule A1 to the 1981 Act (counter-notice requiring purchase of land not in general vesting declaration) has effect as if—

(a) in paragraph 1(1), for “part only of” there were substituted “ only the acquisition of a right over, or the imposition of a restrictive covenant affecting, ”,

(b) paragraph 1(2) were omitted,

(c) references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired or the restrictive covenant proposed to be imposed,

(d) references to the additional land were to the house, building or factory over which the right or covenant is proposed to be exercisable or enforceable,

(e) in paragraphs 14 and 15, references to the severance of the land proposed to be acquired were to the acquisition of the right or the imposition of the restrictive covenant, and

(f) in paragraph 15, after “in addition to” there were substituted “ or in substitution for ”.

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

5

In paragraph 2 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017 (which makes provision corresponding to this Schedule), for sub-paragraph (8B) (inserted by paragraph 8(4) of Schedule 14 to that Act) substitute—

(8B) In section 5A of the Land Compensation Act 1961 (relevant valuation date)— (a) for subsection (5A) substitute— (5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, (b) the authority is subsequently required by a determination under paragraph 13 of Schedule 2A to that Act (as substituted by paragraph 2(8A) of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017) to acquire an interest in the land, and (c) the authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on and taken possession of that land when it entered on it for the purpose of exercising the right or enforcing the covenant. (b) in subsection (5B), for paragraphs (a) and (b) substitute— (a) a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration, (b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and (c) the vesting date for the right or covenant is different from the vesting date for the interest in the land,

SCHEDULE 10

This is the version of Schedule 2A to the Compulsory Purchase Act 1965 referred to in paragraph 2(8) of Schedule 9—

SCHEDULE 11

Restriction of power of compulsory acquisition to land under the surface

1

In the case of land specified in the following table, the power under section 4(1) may be exercised only in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface.

Supplementary

2

(1) Paragraph 1 is subject to the power to impose restrictive covenants by virtue of section 5(1)(b).

(2) Paragraph 1 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.

SCHEDULE 12

SCHEDULE 13

1

(1) If the Secretary of State makes an order under section 9(2), paragraphs 2 to 4 have effect as from the coming into force of the order.

(2) Those paragraphs do not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land.

2

(1) Sub-paragraph (2) applies if a person with a qualifying interest in any of the land in relation to which the order is made gives notice to the Secretary of State (a “relevant notice”) that the person desires his or her interest in such of that land as is specified in the notice to be acquired by the Secretary of State.

(2) The Secretary of State must, within 3 months immediately following receipt of the relevant notice—

(a) enter into an agreement with the person for the acquisition of the person's interest in the whole or part of the land specified in the notice,

(b) exercise the applicable compulsory acquisition powers in respect of the person's interest in the whole or part of that land, or

(c) give the person notice of the Secretary of State's intention not to proceed with the purchase of the person's interest in any of that land.

(3) For the purposes of sub-paragraph (1) a person has a “qualifying interest” in land if the person is the owner or lessee of the land.

3

(1) Where a person gives the Secretary of State a relevant notice and the Secretary of State—

(a) fails to comply with the requirements of sub-paragraph (2) of paragraph 2,

(b) withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or

the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in any of the land specified in the relevant notice.

(2) Where—

(a) a person gives the Secretary of State a relevant notice, and

(b) the Secretary of State acquires in pursuance of paragraph 2(2)(a) or (b) the person's interest in some, but not all, of the land specified in the notice,

the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in the remainder of that land.

4

(1) References in this Schedule to the “applicable compulsory acquisition powers” are to—

(a) the power to serve a notice to treat 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) the power to execute a declaration 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) In this Schedule—

“lessee” means a person who holds an interest under a lease which has at least 21 years to run at the date of the giving of a relevant notice by that person;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion.

SCHEDULE 14

Land to which Schedule applies

1

This Schedule applies to—

(a) land within the Act limits which is held by the Secretary of State for Phase 2a purposes, and

(b) land within the Act limits in relation to which the Secretary of State has acquired a right (whether by creating a new right or acquiring an existing right) or imposed a restrictive covenant for Phase 2a purposes.

Private rights

2

(1) All private rights over land within paragraph 1(a) are extinguished at the appropriate time.

(2) All private rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed.

(3) In this Schedule, “private rights” include—

(a) private rights of way over land,

(b) rights of common,

(c) easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

(d) restrictions as to the user of land arising under a contract.

(4) Where the power under section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised in the case of land within paragraph 1(a) or (b), sub-paragraph (1) or (2) (as the case may be) has effect in relation to rights of common over the land notwithstanding anything in Schedule 4 to that Act (which preserves rights of common over land until payment of compensation).

3

(1) The Secretary of State may, in relation to a private right, direct—

(a) that paragraph 2 does not apply to the right, or

(b) that paragraph 2 applies to the right only to the extent specified in the direction.

(2) A direction under sub-paragraph (1) must be given before the appropriate time.

(3) Paragraph 2 does not apply to—

(a) a right over land which, were the land held otherwise than by the Secretary of State, would not be capable of being acquired under section 4(1), or

(b) a right to which section 271 or 272 of TCPA 1990 (extinguishment of rights of statutory undertakers etc) applies (and see section 11 of this Act as to the application of those sections).

4

(1) Any person who suffers loss by the extinction of a private right under paragraph 2 is entitled to be compensated by the nominated undertaker.

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

(3) This paragraph does not apply where compensation in respect of rights of common is payable under Schedule 4 to the Compulsory Purchase Act 1965.

General rights

5

(1) All general rights over land within paragraph 1(a) are extinguished at the appropriate time.

(2) All general rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed.

(3) In this Schedule, references to “general rights” over land are to—

(a) rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act,

(b) other public rights over land which are conferred by an enactment, and

(c) rights exercisable as a result of trusts, or incidents, to which a common, town or village green, open space or allotment is subject.

6

(1) The Secretary of State may, in relation to a general right, direct—

(a) that paragraph 5 does not apply to the right, or

(b) that paragraph 5 applies to the right only to the extent specified in the direction.

(2) A direction under sub-paragraph (1) must be given before the appropriate time.

Meaning of “the appropriate time”

7

(1) References in this Schedule to “the appropriate time” are to be read as follows.

(2) In the case of—

(a) land held immediately before the day on which this Act is passed, or

(b) land which, immediately before that day, was land in relation to which a right had been acquired or a restrictive covenant had been imposed,

the appropriate time is the end of the period of 14 days beginning with that day.

(3) In the case of—

(a) land acquired on or after the day on which this Act is passed, or

(b) land in relation to which a right has been acquired or a restrictive covenant has been imposed on or after that day,

the appropriate time is the time of acquisition or (in the case of a restrictive covenant) imposition.

(4) Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to land or a right acquired compulsorily or to a restrictive covenant imposed compulsorily).

(5) Where the power under section 11(1) of the Compulsory Purchase Act 1965 has been exercised in relation to the land, the appropriate time is—

(a) the time of entry under that provision, or

(b) in the case of the acquisition of a right or the imposition of a restrictive covenant, the time when the power to enter the land for the purpose of exercising the right or enforcing the covenant becomes exercisable under that provision (as modified in accordance with paragraph 2(5) of Schedule 9 to this Act).

(6) Where a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 has been made in relation to the land, the appropriate time is the vesting date (within the meaning of that Act).

Amendments to registers of common land or town or village greens

8

(1) This paragraph applies where—

(a) the Secretary of State acquires land within the Act limits for Phase 2a purposes, or

(b) the Secretary of State acquires a right, or imposes a restrictive covenant, over land within the Act limits.

(2) The Secretary of State must notify the commons registration authority of the acquisition or (in the case of a restrictive covenant) imposition if it relates to—

(a) land registered in a register of common land as common land,

(b) land registered in a register of town or village greens as a town or village green, or

(3) A notice under sub-paragraph (2) must include—

(a) a copy of this Schedule,

(b) a copy of the instrument by which the acquisition or imposition was effected,

(c) the number of the register unit and (where applicable) the number of the rights section entry in the register of common land or of town or village greens to which the notice relates, and

(d) a description of the amendment required to the register in question in consequence of the acquisition or imposition.

(4) Sub-paragraph (5) applies where, in connection with the acquisition or imposition—

(a) other land is given in exchange, or

(b) other land is to be made subject to a right of common equivalent to a right of common extinguished by virtue of paragraph 2.

(5) The notice under sub-paragraph (2) must contain—

(a) details of the land being given or the right of common being granted, and

(b) an application for (as the case may be)—

(i) the registration of the land as common land or as a town or village green, or

(ii) the registration of the right being granted.

(6) The commons registration authority must make such amendments as may be necessary to a register in consequence of sub-paragraph (2) (including any amendments necessary in consequence of sub-paragraph (5)).

(7) Nothing in—

(a) regulations under section 14 of the Commons Act 2006, or

(b) regulations under section 13 of the Commons Registration Act 1965,

applies to an acquisition or imposition mentioned in sub-paragraph (1).

Interpretation

9

In this Schedule—

(a) references to section 11(1) of the Compulsory Purchase Act 1965 are to that provision as applied by section 4(3) of this Act to the acquisition of land under section 4(1) of this Act;

(b) references to section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 are to that section as applied by section 4(4) of this Act to the acquisition of land under section 4(1) of this Act;

SCHEDULE 15

PART 1 — Temporary 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 of the land specified in the table in Schedule 16—

(a) for the purpose specified in relation to the land in column (3) of that table in connection with the authorised works specified in column (4) of the table,

(b) for the purpose of constructing such works as are mentioned in column (5) of that table in relation to the land, or

(2) The nominated undertaker may (subject to paragraph 2(1)) enter on and take possession of any other land within the Act limits for Phase 2a purposes.

(3) The reference in sub-paragraph (1)(a) to the authorised works specified in column (4) of the table in Schedule 16 includes a reference to any works which are necessary or expedient for the purposes of or in connection with those works.

Exceptions

2

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

(a) land which is subject to a restricted power of compulsory acquisition,

(b) land in respect of which a notice of entry has been served under section 11 of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant, or

(c) land in respect of which a declaration has been made 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)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant.

(2) The power under section 4(1) (power to acquire land compulsorily) is not exercisable in relation to land specified in the table in Schedule 16.

(3) But sub-paragraph (2) does not apply in relation to land specified in that table to the extent (if any) that the land is subject to a restricted power of compulsory acquisition.

(4) For the purposes of this Schedule, land is subject to a restricted power of compulsory acquisition if the power under section 4(1) may be exercised in relation to the land only—

(a) so as to acquire rights or impose restrictive covenants relating to the land (see section 5(2));

(b) so as to acquire the subsoil or under-surface of the land (ignoring the power by virtue of section 5(1)(b) to impose restrictive covenants over the land).

Powers exercisable on land of which temporary possession has been taken

3

(1) Where under paragraph 1(1) or (2) the nominated undertaker has entered upon and taken possession of land, the nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act—

(a) remove any structure or vegetation from the land;

(b) construct such works as are mentioned in relation to the land in column (5) of the table in Schedule 16;

(d) construct landscaping and other works on the land to mitigate any adverse effects of the construction, maintenance or operation of the works authorised by this Act.

(2) The other works referred to in sub-paragraph (1)(d) include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals.

(3) In this paragraph, “structure” includes any erection.

Procedure and compensation

4

(1) Not less than 28 days before entering upon and taking possession of land under paragraph 1(1) or (2), the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so.

(2) The nominated undertaker may not, without the agreement of the owners of the land, remain in possession of land under paragraph 1(1) or (2) after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken.

(3) Sub-paragraph (2) does not apply, in the case of land mentioned in paragraph 1(2), if before the end of the one-year period either of the following powers has been exercised in relation to the land—

(a) the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1));

(b) the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) of this Act to the acquisition of land under section 4(1)).

(4) The nominated undertaker must pay compensation to the owners and occupiers of land of which possession is taken under paragraph 1(1) or (2) for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers under that paragraph.

(5) Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(6) Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4).

5

(1) Before giving up possession of land of which possession has been taken under paragraph 1(1) or (2), the nominated undertaker must, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide.

(2) If no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion mentioned in paragraph 4(2) in relation to the land, the scheme is to be such as may be determined by the appropriate Ministers after consulting the nominated undertaker, the owners of the land and the relevant planning authority.

(3) Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) must provide for land to be restored to its former condition.

(4) Sub-paragraph (3) does not require land on which works referred to in paragraph 1(1)(b) or 3(1)(d) have been constructed to be restored to its former condition.

(5) Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) may not provide for the nominated undertaker to replace a structure removed under paragraph 3, other than a fence.

(6) Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which it reasonably incurs in meeting the request.

(7) The duty under sub-paragraph (1) in relation to any land is owed separately to the owners of the land and to the relevant planning authority.

(8) Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may—

(a) enter the land concerned and take that step, and

(b) require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a).

(9) In this paragraph—

“appropriate Ministers” means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, means those Ministers acting jointly;

“relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the land is situated.

PART 2 — Temporary 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 any of the scheduled works, the nominated undertaker may—

(a) enter on and take possession of any land which is—

(i) within 20 metres from that work, and

(ii) within the Act limits,

if possession of the land is reasonably required for the purposes of or in connection with maintaining the work or any ancillary works connected with it, and

(b) construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required, unless the land is specified in the table in Schedule 16.

(2) Sub-paragraph (1) does not authorise the nominated undertaker to take possession of—

(a) a house, any other structure which is for the time being occupied, or a garden belonging to a house, or

(b) land which is subject to a restricted power of compulsory acquisition.

(3) The nominated undertaker may only remain in possession of the land for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken.

(4) In this paragraph—

(a) “the maintenance period”, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use;

(b) “structure” includes any erection;

(c) the reference in sub-paragraph (1)(a) to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated.

Procedure and compensation

7

(1) Not less than 28 days before entering upon and taking possession of land under paragraph 6, the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so.

(2) Before giving up possession of the land, the nominated undertaker must restore the land to the reasonable satisfaction of its owners.

(3) The nominated undertaker must pay compensation to the owners and occupiers of the land for any loss which they may suffer by reason of the exercise in relation to the land of the powers under paragraph 6.

(4) Any dispute as to a person's entitlement to compensation under sub-paragraph (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961.

(5) Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1)), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (3).

PART 3 — Suspension of rights and enforcement

Suspension of rights relating to land

8

(1) All private rights over land of which the nominated undertaker takes possession under paragraph 1(1) or (2) or 6 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land.

(2) The nominated undertaker may, in relation to a private right, direct—

(a) that sub-paragraph (1) does not apply to the right, or

(b) that sub-paragraph (1) applies to the right only to the extent specified in the direction.

(3) In this paragraph, “private rights” include—

(a) private rights of way over land,

(b) rights of common,

(c) easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and

(d) restrictions as to the user of land arising under a contract.

(4) Any person who suffers loss by reason of the suspension of a right under sub-paragraph (1) is entitled to be compensated by the nominated undertaker.

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