High Speed Rail (West Midlands - Crewe) Act 2021

• (1) Section 12 of the Cheshire County Council Act 1980 (plans for new streets) does not apply to any work carried out in exercise of the powers conferred by this Act.

• (2) Part 8 of that Act (storage of flammable materials) does not apply in relation to a stack on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

• (3) Section 50 of that Act (building plans: access for fire brigade) does not apply to plans relating to a building held, or to be held, by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

• (4) Section 57 of that Act (prescription of signs to be used on certain buildings) does not apply in relation to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

Staffordshire Act 1983 (c. xviii)

3

• (1) Section 7 of the Staffordshire Act 1983 (plans for new streets) does not apply to any work carried out in exercise of the powers conferred by this Act.

• (2) Where—

• (a) a local authority (within the meaning of that Act) proposes to exercise the power conferred by section 9(1) of that Act (provision of parking places in parks, etc), and

• (b) the power is proposed to be exercised in relation to an area of park, pleasure ground or open space which is situated over or within a distance of 15 metres (measured in any direction) from any railway forming part of Phase 2a of High Speed 2,

section 9(5) of that Act has effect as if it also required the local authority to consult the nominated undertaker.

• (3) Section 10(1)(b) of that Act (ornamental or mown land) does not apply to the use of a vehicle which is reasonably necessary—

• (a) for the purposes of, or in connection with, the exercise of the powers conferred by this Act with respect to works, or

• (b) for the purposes of the nominated undertaker's undertaking under this Act.

• (4) Section 12 of that Act (dust) does not apply to building operations carried out in exercise of the powers conferred by this Act.

• (5) Section 16 of that Act (powers of entry for Prevention of Damage by Pests Act 1949) does not apply in relation to any land held by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

• (6) Section 26 of that Act (building plans: access for fire brigade) does not apply to plans relating to a building held, or to be held, by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

• (7) Part 7 of that Act (storage of flammable materials) does not apply in relation to a stack on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act.

• (8) Where—

• (a) the county council proposes to make an order under section 40(1) of that Act (power to stop up highways), and

• (b) the highway is part of a route identified in a deposited statement as a construction traffic route,

section 40(1) of that Act has effect as if it also required the council to give notice to the nominated undertaker.

SCHEDULE 28

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

1

The Highway (Railway Crossings) Act 1839 does not apply to a railway authorised by this Act.

Railway Regulation Act 1840 (c. 97)

2

• (1) In its application to Phase 2a of High Speed 2, or a train all or part of whose journey is on Phase 2a of High Speed 2, section 16 of the Railway Regulation Act 1840 (obstruction of officers of railway company or trespass upon railway) has effect as if—

• (a) the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 3 on the standard scale (instead of level 1), and

• (b) the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding 51 weeks (in the case of an offence committed in England and Wales) or 12 months (in the case of an offence committed in Scotland).

• (2) In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (1)(b) to 51 weeks is to be read as a reference to one month.

Railway Regulation Act 1842 (c. 55)

3

Section 9 of the Railway Regulation Act 1842 does not apply to a railway authorised by this Act.

Railways Clauses Consolidation Act 1845 (c. 20)

4

• (1) The following provisions only of the Railways Clauses Consolidation Act 1845 are incorporated with this Act, in so far as they are applicable for the purposes of this Act and not inconsistent with its provisions—

• (2) In their application by virtue of sub-paragraph (1)—

• (a) section 2 has effect with the substitution for “so incorporated as aforesaid” of “incorporated”;

• (b) section 6 has effect with the omission of “and to take lands for that purpose”, “taken or” and “for the value of the lands so taken or used, and”;

• (c) sections 18 and 21 do not apply in any case where the relations between the nominated undertaker and any other person are regulated by sections 84 and 85 of the New Roads and Street Works Act 1991 or Part 2 of Schedule 32 (protective provisions relating to utility undertakers);

• (d) section 46 has effect with the omission of the words from “of the height” to “in that behalf provided”;

• (e) section 68 has effect with the omission of the words from “Such and” to “formation thereof” and from “together with all necessary gates” to “all necessary stiles”.

Regulation of Railways Act 1889 (c. 57)

5

In its application to Phase 2a of High Speed 2, or a train all or part of whose journey is on Phase 2a of High Speed 2, section 5 of the Regulation of Railways Act 1889 has effect as follows—

• (a) section 5(1) (failure to produce ticket, pay fare or give name and address) has effect as if the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 2 on the standard scale (instead of level 1);

• (b) section 5(2) (power to arrest passenger who fails to produce ticket and refuses to give name and address) has effect as if after “refuses” there were inserted “ or fails ”;

• (c) section 5(3) (travel with intent to avoid payment of fare) has effect as if the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 3 on the standard scale (instead of level 2).

British Transport Commission Act 1949 (c xxix)

6

• (1) Section 55 of the British Transport Commission Act 1949 (penalty for trespass on railways etc) also applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work constructed in exercise of the powers conferred by this Act.

• (2) Section 56 of that Act (penalty for stone throwing etc on railways) also applies in relation to any railway or siding constructed in exercise of the powers conferred by this Act.

SCHEDULE 29

Directions as to results to be achieved

1

• (1) This paragraph applies where a difference is referred under section 38(3) to arbitration.

• (2) The parties must notify the Secretary of State of the referral without delay after the commencement of the arbitral proceedings.

• (3) The Secretary of State may, on request or otherwise, direct the arbitrator as to results that are to be achieved by the agreement for which terms are to be determined by the arbitration.

• (4) A direction under this paragraph may be made even though the making of the direction affects the outcome of proceedings to which the Secretary of State, or a body in which the Secretary of State has an interest, is a party.

• (5) A request for a direction under this paragraph may be made by the arbitrator (as well as by a party).

• (6) For the purpose of determining whether or not the arbitrator has to comply with a direction under this paragraph, the rule is that the arbitrator must comply with the direction in determining terms of the agreement if the direction—

• (a) is relevant to the determination of those terms, and

• (b) is given to the arbitrator before the award determining those terms is made.

• (7) For the purpose of determining what the arbitrator has to do to comply with a direction under this paragraph, the rule is that the arbitrator must carry out the function of determining terms of the agreement so as to secure, so far as is reasonably practicable, that the results concerned are achieved by the agreement.

Directions as to consolidation and grouping of proceedings

2

• (1) The Secretary of State may, on request or otherwise, direct—

• (a) that a group of proceedings is to be consolidated, or

• (b) that concurrent hearings are to be held in a group of proceedings.

• (2) In sub-paragraph (1) “group of proceedings” means a group consisting of—

• (a) section 38(3) proceedings, and

• (b) any one or more of the following—

• (i) other section 38(3) proceedings,

• (ii) arbitral proceedings related to the proceedings mentioned in paragraph (a), and

• (iii) arbitral proceedings related to section 38(3) proceedings that are to be consolidated with the proceedings mentioned in paragraph (a).

• (3) A request for a direction under this paragraph may be made by the arbitrator or any of the arbitrators (as well as by a party).

• (4) A direction under this paragraph must specify the terms on which the proceedings are to be consolidated or on which concurrent hearings are to be held.

• (5) Where a direction under this paragraph provides for the consolidation of proceedings that do not all have the same arbitrator, the terms that may be specified in the direction include (in particular)—

• (a) terms specifying the person who is to be the arbitrator in the consolidated proceedings;

• (b) terms under which that person is to be determined.

• (6) For the purposes of this paragraph—

• (a) “section 38(3) proceedings” means proceedings on arbitration of a difference referred under section 38(3), and

• (b) arbitral proceedings are “related” to section 38(3) proceedings if—

• (i) the arbitral proceedings are not section 38(3) proceedings,

• (ii) at least one of the parties to the arbitral proceedings is also a party to the section 38(3) proceedings, and

• (iii) the Secretary of State considers that the subject-matter of the arbitral proceedings is connected with the subject-matter of the section 38(3) proceedings.

SCHEDULE 30

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

1

• (1) This paragraph applies where—

• (a) the traffic authority for a relevant road is a person other than the Secretary of State,

• (b) the authority proposes to make a traffic regulation order in relation to the road, and

• (c) it appears to the authority that provision made by the order could significantly interfere with the use of the road by heavy commercial vehicles for the purposes of the construction of the works authorised by this Act.

• (2) Before making the order, the authority must consult the Secretary of State (in addition to any other person the authority is required to consult under or by virtue of Part 3 of Schedule 9 to RTRA 1984).

• (3) In this paragraph—

• “heavy commercial vehicle” has the same meaning as in RTRA 1984 (see section 138 of that Act);

• “relevant road” means a road, other than a special road or trunk road, which falls within one or more of the following paragraphs—a road which is part of a route identified in a deposited statement as a construction traffic route;a road which is part of a route in relation to which approval has been given under paragraph 6 of Schedule 17 (routes for transportation by large goods vehicles);where a request for approval under paragraph 6 of Schedule 17 has been made but not determined, a road which is part of a route to which the request for approval relates;a road any part of which is within the Act limits.

• (4) For the purposes of the definition of “relevant road”, “special road” and “trunk road” have the same meaning as in the Highways Act 1980.

2

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

• (a) a road, or part of a road, in relation to which paragraph 1(2) does not apply;

• (b) a description of traffic regulation orders in relation to which paragraph 1(2) does not apply.

• (2) A notice under sub-paragraph (1)(a) has effect until further notice.

• (3) The Secretary of State must give a notice under sub-paragraph (1)(a) to the traffic authority for the road (or part of the road) to which the notice relates.

• (4) A notice under sub-paragraph (1)(b) may have effect generally or in relation to areas specified in the notice.

• (5) The Secretary of State must give a notice under sub-paragraph (1)(b) to every traffic authority which would be affected by the notice.

• (6) Failure by a traffic authority to comply with paragraph 1(2) in relation to a traffic regulation order does not affect the validity of the order.

3

• (1) Paragraph 1(2) ceases to apply in relation to a traffic authority if the Secretary of State gives the authority a notice stating that—

• (a) no further works are proposed to be constructed under this Act in the authority's area, and

• (b) the use of relevant roads in the authority's area is no longer required by heavy commercial vehicles for the purposes of the construction of the works authorised by this Act.

• (2) Paragraph 1(2) ceases to apply in relation to a particular part of the area of a traffic authority (“the relevant part”) if—

• (a) the Secretary of State reasonably considers that the relevant part can be treated separately from the rest of the authority's area for the purposes of paragraph 1(2), and

• (b) the Secretary of State gives the authority a notice stating that—

• (i) no further works are proposed to be constructed under this Act in the relevant part, and

• (ii) the use of relevant roads in the relevant part is no longer required by heavy commercial vehicles for the purposes of the construction of the works authorised by this Act.

• (3) The Secretary of State must give a traffic authority a notice under sub-paragraph (1) or (2) as soon as reasonably practicable after the Secretary of State forms the view that the applicable requirements are met.

• (4) For the purposes of sub-paragraph (3), the applicable requirements are met—

• (a) in a sub-paragraph (1) case, if sub-paragraph (1)(a) and (b) apply in relation to the authority's area, and

• (b) in a sub-paragraph (2) case, if sub-paragraph (2)(b)(i) and (ii) apply in relation to the relevant part.

• (5) In this paragraph, “heavy commercial vehicle” and “relevant road” have the same meaning as in paragraph 1.

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

4

• (1) The Secretary of State may give a direction to a traffic authority requiring the authority to make a traffic regulation order if the Secretary of State considers that the making of such an order is—

• (a) necessary for the purposes of the timely, efficient and cost-effective construction of the works authorised by this Act, and

• (b) reasonable in the circumstances.

• (2) Paragraph 1(2) does not apply (if it otherwise would) to the making of a traffic regulation order in pursuance of a direction under this paragraph.

• (3) Where a traffic authority makes a traffic regulation order in pursuance of a direction under this paragraph (a “relevant order”), the authority may not without the Secretary of State's consent make a further traffic regulation order which contains—

• (a) provision varying or revoking the relevant order, or

• (b) provision as respects any length of road for any purpose where—

• (i) an order has been made as respects that length of road for a similar purpose, and

• (ii) that order has been varied or revoked by the relevant order.

• (4) The power to give a direction under this paragraph includes power to vary or revoke a previous direction given under this paragraph.

5

• (1) This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 1 or 9 of RTRA 1984.

• (2) The order is to be treated for the purposes of Part 3 and paragraph 28 of Schedule 9 to RTRA 1984, and regulations made under Part 3 of that Schedule, as if it were required to be made in pursuance of a direction under paragraph 2 of that Schedule.

• (3) The provisions mentioned in sub-paragraph (2) have effect accordingly, but as if—

• (a) paragraph 26(1) of Schedule 9 to RTRA 1984 (which requires the Secretary of State to take account of objections) were omitted,

• (b) for the purposes of the application of paragraph 28 of Schedule 9 to RTRA 1984 (provision about the variation or revocation of certain orders)—

• (i) the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 4(3) of this Schedule, and

• (ii) any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 4(3) of this Schedule, and

• (c) any provision in regulations made under Part 3 of Schedule 9 to RTRA 1984 relating to the holding of a public inquiry were omitted.

• (4) Paragraph 35 of Schedule 9 to RTRA 1984 (provision for questioning validity of orders) has effect, in its application to the order, as if—

• (a) the reference in sub-paragraph (a) to the relevant powers were to those powers as they apply in the case of an order made in pursuance of a direction under paragraph 4 above, and

• (b) the reference in sub-paragraph (b) to the relevant requirements were to those requirements as modified by sub-paragraph (3) above.

6

• (1) This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 14 of RTRA 1984.

• (2) Section 15 of RTRA 1984 (duration of orders under section 14) does not apply to the order.

• (3) The order has effect for the period specified or described in the direction.

• (4) The period specified or described by virtue of sub-paragraph (3) must be such as the Secretary of State considers is reasonable for the purposes of the construction of the works authorised by this Act.

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

7

• (1) The Secretary of State may direct a traffic authority to revoke a traffic regulation order made by the authority in pursuance of a direction under paragraph 4.

• (2) The Secretary of State may direct a traffic authority to vary a traffic regulation order made by the authority in pursuance of a direction under paragraph 4, where—

• (a) the Secretary of State considers that the variation is—

• (i) necessary for the purposes of the timely, efficient and cost-effective construction of the works authorised by this Act, and

• (ii) reasonable in the circumstances, or

• (b) the effect of the variation is to remove or relax a restriction imposed by the order on the use of any road.

8

• (1) Where a traffic authority fails to comply with a direction under paragraph 4, the Secretary of State may make the traffic regulation order required by the direction.

• (2) Where a traffic authority fails to comply with a direction under paragraph 7, the Secretary of State may by order vary or revoke the traffic regulation order (as required by the direction).

9

• (1) The Secretary of State may by order made by statutory instrument vary or revoke a traffic regulation order (whenever made) if the Secretary of State considers the variation or revocation—

• (a) necessary for the purposes of the timely, efficient and cost-effective construction of the works authorised by this Act, and

• (b) reasonable in the circumstances.

• (2) This paragraph has effect without prejudice to the powers conferred on the Secretary of State by paragraphs 7 and 8.

10

• (1) This paragraph applies to an order under paragraph 8 or 9.

• (2) Paragraph 4 of Schedule 9 to RTRA 1984 (reserve powers of Secretary of State, including power to recover expenses) applies to the order as it applies to an order made by virtue of paragraph 3 of that Schedule.

• (3) Parts 3 and 4 of Schedule 9 to RTRA 1984, and regulations made under paragraph 24 of that Schedule, apply to the order as they apply to an order made by virtue of the relevant paragraph of that Schedule, but as if—

• (a) any provision in the regulations relating to the holding of a public inquiry were omitted, and

• (b) for the purposes of the application of paragraph 28 of that Schedule (provision about the variation or revocation of certain orders)—

• (i) the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 10(5) of this Schedule, and

• (ii) any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 10(5) of this Schedule.

• (4) For the purposes of sub-paragraph (3), “the relevant paragraph” of Schedule 9 to RTRA 1984 is—

• (a) in the case of an order under paragraph 8 of this Schedule, paragraph 3 of that Schedule, and

• (b) in the case of an order under paragraph 9 of this Schedule, paragraph 7 of that Schedule.

• (5) Where the Secretary of State makes an order to which this paragraph applies, the relevant authority may not without the Secretary of State's consent make a further traffic regulation order which contains—

• (a) provision varying or revoking the Secretary of State's order, or

• (b) provision as respects any length of road for any purpose where—

• (i) an order has been made as respects that length of road for a similar purpose, and

• (ii) that order has been varied or revoked by the Secretary of State's order.

• (6) Paragraph 16 of Schedule 9 to RTRA 1984 (powers of Secretary of State where an order is submitted for consent) applies for the purposes of sub-paragraph (5) as if the further traffic regulation order had been submitted for consent under Part 2 of that Schedule.

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

11

• (1) The Secretary of State may give a direction to a traffic authority prohibiting the authority from making or bringing into operation a traffic regulation order (whenever made) if the Secretary of State considers that such an order could significantly interfere with the use of any road for the purposes of the construction of the works authorised by this Act.

• (2) A prohibition imposed by virtue of this paragraph may be expressed—

• (a) so as to have effect generally or for a period specified in the direction;

• (b) so as to prohibit the making or bringing into operation of a traffic regulation order without the Secretary of State's consent.

• (3) The power to give a direction under this paragraph includes power to vary or revoke a previous direction given under this paragraph.

Consultation requirements applicable to Secretary of State

12

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

• (a) before giving a direction to the authority under paragraph 4, 7 or 11, or

• (b) before making an order under paragraph 8(2) or 9 in relation to a traffic regulation order made by the authority.

• (2) The purpose of consultation is—

• (a) to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience, and

• (b) to take account of the requirements (however expressed) to which the traffic authority is subject under an enactment or under an agreement or undertaking entered into in pursuance of an enactment.

Guidance

13

• (1) The Secretary of State must prepare a statement setting out, in general terms—

• (a) guidance in connection with the duty under paragraph 1(2) (which requires a traffic authority to consult the Secretary of State before making a traffic regulation order), and

• (b) how the Secretary of State proposes to exercise the powers conferred on the Secretary of State by the preceding provisions of this Schedule.

• (2) The Secretary of State may from time to time revise the statement.

• (3) In preparing or revising the statement, the Secretary of State must consult—

• (a) the nominated undertaker, and

• (b) those traffic authorities which the Secretary of State considers are likely to be subject to the duty under paragraph 1(2) or to be affected by the exercise of the powers mentioned in sub-paragraph (1)(b) (or both).

Removal of vehicles

14

• (1) An authorised person may remove a vehicle, or arrange for its removal, where conditions 1 and 2 are met.

• (2) Condition 1 is that the vehicle has been permitted to remain at rest, or has broken down and remained at rest—

• (a) on any road in contravention of a prohibition or restriction imposed by a traffic regulation order, or

• (b) on any road which is stopped up under paragraph 2 or 8 of Schedule 4.

• (3) Condition 2 is that it appears to the authorised person that the vehicle is likely, if it is not removed—

• (a) to obstruct the carrying out of any of the works authorised by this Act, or

• (b) to be at risk of being damaged in consequence of the doing of anything for the purposes of the construction of the works authorised by this Act.

• (4) References in sub-paragraphs (1) and (3) to the removal of a vehicle are to its removal to another position on the road in question or to another road.

• (5) Before exercising the power under sub-paragraph (1), an authorised person must give notice to—

• (a) the local authority (as defined by section 100(5) of RTRA 1984) in whose area the vehicle is situated, and

• (b) the chief officer of the police force in whose area the vehicle is situated.

• (6) A person removing a vehicle under or by virtue of sub-paragraph (1) may do so—

• (a) by towing or driving the vehicle, or

• (b) in such other manner as the person thinks necessary,

and may take such measures in relation to the vehicle as the person thinks necessary to enable its removal.

• (7) This paragraph is without prejudice to provision made by regulations under section 99 of RTRA 1984.

• (8) In this paragraph—

• “authorised person” means a person authorised by the nominated undertaker for the purposes of this paragraph;

• “vehicle” has the same meaning as in section 99 of RTRA 1984.

Interpretation

15

In this Schedule—

• “road” has the same meaning as in RTRA 1984 (see section 142(1) of that Act);

• “RTRA 1984” means the Road Traffic Regulation Act 1984;

• “traffic authority” has the same meaning as in RTRA 1984 (see section 121A of that Act);

• “traffic regulation order” means an order under section 1, 9 or 14 of RTRA 1984.

SCHEDULE 31

Case where planning permission extended

1

• (1) Article 3(10) of the General Permitted Development Order (which excepts development requiring an environmental assessment from the general planning permission granted by that Order) does not apply to development which—

• (a) falls within a class of development described as permitted development in a provision of Schedule 2 to that Order that is listed in sub-paragraph (2), and

• (b) is covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill.

• (2) The provisions of Schedule 2 to the General Permitted Development Order that are referred to in sub-paragraph (1)(a) are—

• in Part 8, classes A, B, C and D;

• in Part 9, class C;

• in Part 13, classes A, B and D;

• Part 15;

• in Part 16, classes A, B, C and E.

• (3) References in sub-paragraph (2) to particular provisions of the General Permitted Development Order include references to the corresponding provisions of any instrument replacing that Order.

• (4) In this paragraph, “the General Permitted Development Order” means the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).

Condition of extended planning permission

2

• (1) Planning permission granted by virtue of paragraph 1 is subject to the condition that development is carried out in accordance with such requirements as the Secretary of State may by notice to the developer specify for the purpose of—

• (a) avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which the High Speed Rail (West Midlands - Crewe) Bill was committed, or

• (b) securing that the environmental effects of carrying out the development are not materially different from those envisaged by the statement by virtue of which paragraph 1(1)(b) applies.

• (2) The power conferred by sub-paragraph (1) is exercisable after, as well as before, development is commenced.

• (3) The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to vary or revoke a notice under that sub-paragraph.

• (4) The condition imposed by sub-paragraph (1) is in addition to any condition to which the planning permission may be subject apart from this paragraph.

Controls on proposed development

3

• (1) Where—

• (a) it appears to the Secretary of State that a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a), and

• (b) the Secretary of State is of the opinion that the proposed development is not covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill,

the Secretary of State may give notice of that opinion to the proposed developer.

• (2) The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to withdraw a notice under that sub-paragraph.

• (3) Where a notice under sub-paragraph (1) has been given (and not withdrawn), paragraph 1 is to be treated as not applying to the carrying out of the development by the proposed developer.

4

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

• (a) a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a),

• (b) the development is covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill, and

• (c) it is necessary or desirable to do so for the purpose of avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which that Bill was committed,

the Secretary of State may by notice to the proposed developer disapply paragraph 1(1) in relation to the carrying out of the development by that person.

• (2) The power conferred by sub-paragraph (1) includes power, exercisable in the same manner, to revoke a notice under that sub-paragraph.

Notices

5

• (1) A notice under this Schedule must—

• (a) specify the person to whom it is given,

• (b) specify the development to which it relates,

• (c) explain the reasons for it, and

• (d) in the case of a notice under paragraph 3, explain its effect.

• (2) The Secretary of State must, when giving a notice under this Schedule, give a copy to the unitary authority or, in a non-unitary area, the district council in whose area the development is or is to be carried out.

SCHEDULE 32

PART 1 — Highways and traffic

1

• (1) The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned.

• (2) In this Part—

• “plans” includes sections and specifications;

• “property of the highway authority” means any apparatus of the highway authority affixed to or placed under any highway.

• (3) Part 3 of the New Roads and Street Works Act 1991 does not apply in relation to any matter which is regulated by this Part.

2

Wherever in this Part provision is made with respect to the approval or consent of the highway authority, that approval or consent must be in writing and subject to such reasonable terms and conditions as the highway authority may require, but must not be unreasonably withheld.

3

In exercising the powers conferred by this Act in relation to any highway the nominated undertaker must—

• (a) have regard to the potential disruption of traffic which may be caused, and

• (b) seek to minimise such disruption so far as is reasonably practicable.

4

• (1) This paragraph applies to the construction of any tunnel, subway or other structure authorised by this Act under and within 8 metres of the surface of any highway which comprises a carriageway.

• (2) The nominated undertaker must not, without the consent of the highway authority, carry out works to which this paragraph applies except in accordance with plans submitted to, and approved by, the highway authority.

• (3) If, within 28 days after such plans have been submitted, the highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted.

• (4) This paragraph does not apply to street works within the meaning of Part 3 of the New Roads and Street Works Act 1991.

5

In the construction of any part of the works to which paragraph 4 applies under a highway no part of it may, except with the consent of the highway authority, be so constructed as to—

• (a) interfere with the provision of proper means of drainage of the surface of the highway, or

• (b) be nearer than two metres to the surface of the highway.

6

• (1) The provisions of this paragraph have effect in relation to, and in relation to the construction of, any new bridge, or any extension or alteration of an existing bridge, which carries—

• (a) any part of the works authorised by this Act over a highway, or

• (b) a highway over any part of those works.

Any such new bridge, or (as the case may be) any bridge so extended or altered, is referred to in this paragraph as “the bridge”.

• (2) Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker must submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “plans”) relating to the work, and the bridge must not be constructed and the works must not be carried out except in accordance with the plans submitted to, and approved by, the highway authority.

• (3) If, within 28 days after the plans have been submitted, the highway authority has not approved or disapproved them, it is to be deemed to have approved the plans as submitted.

• (4) If the bridge carries any part of the works authorised by this Act over any highway—

• (a) it must be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and

• (b) the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge.

7

The nominated undertaker must—

• (a) secure that so much of the works authorised by this Act as is constructed under any highway must be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and

• (b) indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus in the highway, by reason of non-compliance with the provisions of this paragraph.

8

• (1) Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Act which—

• (a) is in, over or under any highway, or

• (b) which may affect any highway or any property of the highway authority,

during the carrying out of the works.

• (2) The nominated undertaker must give to such officer all reasonable facilities for such inspection and, if the officer is of the opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway.

9

• (1) The nominated undertaker must not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access to that property, without the consent of the highway authority.

• (2) Any alteration, diversion, replacement or reconstruction of any such property which may be necessary must be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing must be repaid to the highway authority by the nominated undertaker.

• (3) If, within 28 days after a request for consent has been submitted, the highway authority has not given or refused such consent, it is to be deemed to have consented to the request as submitted.

10

The nominated undertaker must not remove any soil or material from any highway except so much as is excavated in the carrying out of the works authorised by this Act.

11

• (1) If the highway authority, after giving to the nominated undertaker not less than 28 days' notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in consequence of the construction of the works authorised by this Act—

• (a) in the signposting of traffic diversions,

• (b) in the taking of other measures in relation to those diversions, or

• (c) in the repair of any highway by reason of the diversion of traffic from a road of a higher standard,

the nominated undertaker must repay to the highway authority the amount of any such expense reasonably so incurred.

• (2) Sub-paragraph (3) applies in respect of an amount which, but for that sub-paragraph, would be payable to the highway authority by virtue of sub-paragraph (1) in respect of the repair of any highway.

• (3) If the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within 10 years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), the amount payable to the highway authority must be reduced by the amount which represents that benefit.

12

The nominated undertaker must not, except with the consent of the highway authority—

• (a) deposit any soil or material, or store any plant, in or over a highway to which the public continues to have access so as to obstruct or render less safe the use of the highway,

• (b) deposit any soils or materials on any such highway outside a hoarding,

• (c) erect or retain on or over such a highway any scaffolding or other structure which obstructs the highway unless the structure comprises screening which has been approved under Schedule 17 (planning conditions),

but if within 28 days after request for it any such consent is neither given nor refused it is to be deemed to have been given.

13

The nominated undertaker must, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway.

14

• (1) Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted, the nominated undertaker must—

• (a) make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and

• (b) maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway.

• (2) The reinstatement of that part of the highway must be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991.

15

• (1) This paragraph applies where damage to any highway or property of the highway authority on or under any highway is caused by, or results from—

• (a) the construction of any work authorised by this Act, or

• (b) any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work.

• (2) In the case of damage to a highway, the nominated undertaker may make good such damage to the reasonable satisfaction of the highway authority.

• (3) The nominated undertaker must pay compensation to the highway authority—

• (a) in a case where the nominated undertaker does not make good such damage to a highway;

• (b) in the case of damage to property of the highway authority.

16

The fact that any act or thing may have been done in accordance with plans approved by the highway authority must not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part or otherwise.

17

• (1) Any dispute arising between the nominated undertaker and the highway authority under this Part is to be determined by arbitration if—

• (a) the parties agree, or

• (b) the dispute relates to the amount of any sum payable under this Part,

but must otherwise be determined by a person appointed by the Secretary of State.

• (2) Any person appointed by the Secretary of State under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment.

PART 2 — Electricity, gas, water and sewerage undertakers

18

• (1) The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and the undertakers concerned.

• (2) In this Part—

• “alternative apparatus” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;

• “apparatus” means—in the case of electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989) belonging to, or maintained by, such undertakers;in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a gas transporter for the purposes of the conveyance or storage of gas;in the case of water undertakers—mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; andany water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991;in the case of sewerage undertakers—any sewer, drain or works vested in a sewerage undertaker under the Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or work; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act;and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “construction” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus in land includes under, over, across, along or upon land;

• “plans” includes sections and method statements;

• “removed” and “removal” in a context referring to the removal of apparatus includes the disconnection and abandonment of apparatus where the retention of decommissioned apparatus would not affect the construction and use of the works authorised by this Act;

• “service obligations” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings;

• “undertakers” means any of the following, namely, a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within Part 1 of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

• (3) Except in paragraphs 26(3) and 27, the provisions of this Part are not to apply to any apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part 3 of the New Roads and Street Works Act 1991.

• (4) The exercise of the powers under paragraphs 2 to 6 of Schedule 2 in relation to apparatus to which this Part applies is subject to paragraph 25 of this Part, and paragraphs 28 and 29 of this Part apply instead of section 176 (right to compensation) of the Housing and Planning Act 2016, as applied by paragraph 8(2) of Schedule 2 in relation to the exercise of those powers.

19

• (1) The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed.

• (2) Unless a certificate is issued by the appropriate Ministers under sub-paragraph (3) the apparatus must not be removed under this Part, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land is not to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers.

• (3) Where the appropriate Ministers certify in relation to any apparatus that—

• (a) failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and

• (b) the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations,

that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers.

• (4) In this paragraph “appropriate Ministers” means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy Security and Net Zero.

20

• (1) This paragraph applies where—

• (a) the nominated undertaker for the purpose of constructing any work authorised by this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days' written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or

• (b) in consequence of the exercise of any of the powers of this Act, the undertakers reasonably require to remove any apparatus.

• (2) Where it is reasonably practicable to do so, the nominated undertaker or the Secretary of State must afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and subsequently for the maintenance, repair, renewal and inspection of such apparatus.

• (3) Sub-paragraph (4) applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights.

• (4) The undertakers must, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, as soon as reasonably possible use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State is obliged to provide such facilities and rights in the other land.

21

• (1) Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 20 in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, must be constructed in such manner, and in such line or situation and in accordance with such programme, as is—

• (a) agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or

• (b) in default of agreement, determined in accordance with paragraph 31.

• (2) If the undertakers fail to comply with an agreement made under sub-paragraph (1), or with a determination under paragraph 31, they must compensate the nominated undertaker in respect of any loss or damage directly resulting from the failure, other than loss or damage arising from matters outside the reasonable control of the undertakers or loss of, or arising from delayed receipt of, operating revenue due to delayed opening of Phase 2a of High Speed 2.

22

• (1) This paragraph applies where—

• (a) the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as provided under paragraph 21, and

• (b) any such facilities and rights as are referred to in paragraph 20 have been granted to or obtained by the undertakers, or an undertaking has been given that such facilities or rights will be granted.

• (2) The undertakers must proceed with all reasonable despatch to—

• (a) construct and bring into operation the alternative apparatus, and

• (b) remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part.

• (3) If the undertakers fail to comply with sub-paragraph (2)(b), the nominated undertaker may remove the apparatus.

• (4) Following the removal of apparatus under the provisions of this Part, or its abandonment, any rights of the undertakers relating to that apparatus in or over the land in which it was or is situated are extinguished and all responsibility of the undertakers for any apparatus which is abandoned is to cease.

23

• (1) This paragraph applies where the nominated undertaker gives notice to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situated in any lands—

• (a) held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or

• (b) held by the Secretary of State.

• (2) Such work, instead of being carried out by the undertakers, must be carried out by the nominated undertaker—

• (a) in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined in accordance with paragraph 31, and

• (b) with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers.

• (3) Nothing in this paragraph authorises the nominated undertaker to carry out any connection to or disconnection of any existing apparatus or to carry out any works associated with a connection or disconnection within 600 millimetres of the point of connection or disconnection.

24

• (1) This paragraph applies where, in accordance with the provisions of this Part, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection of alternative apparatus on land—

• (a) held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or

• (b) held by the Secretary of State.

• (2) Those facilities and rights must be granted upon such terms and conditions as may be—

• (a) agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers, or

• (b) in default of agreement, determined in accordance with paragraph 31.

• (3) In determining such terms and conditions in respect of alternative apparatus, a person making a determination under paragraph 31 must have regard to any template provisions issued by the appropriate Ministers and determined in accordance with sub-paragraph (4); and must—

• (a) give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of the works authorised by this Act and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and

• (b) have regard to the undertakers' ability to fulfil their service obligations.

• (4) For the purposes of determining the matters under sub-paragraph (3) the appropriate Ministers must consult the undertakers to which paragraph 24 may apply on the form of the proposed template provisions, and any objections to the form of those provisions which have not been resolved within six months after this Act comes into force must be referred to an independent person acting as an expert appointed to make a final determination as to the form of the template provisions.

• (5) The independent person making a determination under sub-paragraph (4) is to be appointed by the President of the Royal Institution of Chartered Surveyors and in making that determination that person must have regard to the matters specified in sub-paragraph (3)(a) and (b).

• (6) If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, compensation must be paid to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect of the difference as is reasonable having regard to all the circumstances of the case.

• (7) In this paragraph “the appropriate Ministers” means the Secretary of State for Transport acting jointly with the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy Security and Net Zero.

25

• (1) Not less than 28 days before commencing to construct any work authorised by this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 20, the nominated undertaker must submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate.

• (2) The work must be constructed only in accordance with the plan and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access to the apparatus, and the undertakers are to be entitled by their officer to watch and inspect the construction of the work.

• (3) If the undertakers within 14 days after the submission to them of any such plan and description, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part has effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 20.

• (4) Nothing in sub-paragraphs (1) to (3) precludes the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description of it in lieu of the plan and description previously submitted, and having done so the provisions of those sub-paragraphs apply to and in respect of the new plan and description.

• (5) The nominated undertaker is not required to comply with sub-paragraphs (1) to (3) in a case of emergency but in such a case it must give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable subsequently, and must comply with those sub-paragraphs so far as reasonably practicable in the circumstances.

26

• (1) If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the nominated undertaker must, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction.

• (2) The nominated undertaker must, so far as is reasonably practicable, so exercise its powers under paragraphs 2 to 6 of Schedule 2 as not to obstruct or render less convenient the access to any apparatus.

• (3) Notwithstanding the temporary stopping up or diversion of any highway under paragraph 8 of Schedule 4, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway.

27

Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph is to affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part or the power of the nominated undertaker to construct works in accordance with paragraph 25.

28

• (1) Subject to the following provisions of this paragraph, the nominated undertaker must repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with—

• (a) the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part,

• (b) the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under this Act, and

• (c) any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power.

• (2) The value of any apparatus removed under the provisions of this Part is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) Sub-paragraph (4) applies where, in pursuance of the provisions of this Part—

• (a) alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or

• (b) apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated.

• (4) If the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined to be necessary in accordance with paragraph 31, then, if it involves cost in the construction of works under paragraph 23 exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) is to be reduced by the amount of that excess

• (5) For the purposes of sub-paragraphs (3) and (4)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (6) An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven and a half years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit.

• (7) In any case where work is carried out by the nominated undertaker pursuant to paragraph 23 and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (6), the undertakers must pay to the nominated undertaker such sum as represents the amount of that reduction.

29

• (1) This paragraph applies where, by reason of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided by any of the undertakers.

• (2) Subject to sub-paragraphs (3) and (4), the nominated undertaker must—

• (a) bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply,

• (b) make reasonable compensation to the undertakers for loss sustained by them by reason of any such damage or interruption, and

• (c) indemnify the undertakers against claims, demands, proceedings, and damages which may be made or taken against, or recovered from the undertakers by reason of any such damage or interruption.

• (3) Nothing in sub-paragraph (2) is to impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.

• (4) The undertakers must give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand must be made without the consent of the nominated undertaker which, if it withholds such consent, must have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

30

In any case where Network Rail Infrastructure Limited (“Network Rail”) is the nominated undertaker the provisions of this Part have effect subject to any existing agreement between Network Rail and an undertaker relating to apparatus laid or erected on land belonging to Network Rail.

31

• (1) Any dispute arising between the nominated undertaker and the undertakers under this Part is to be determined by arbitration if—

• (a) the parties agree, or

• (b) the dispute relates to the amount of any sum payable under this Part,

but otherwise is to be determined by a person appointed by the appropriate Ministers.

• (2) Any person appointed by the appropriate Ministers under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment.

• (3) The costs and fees of the person determining the dispute and the costs of the parties to the dispute are to be allocated between the parties as that person may direct.

• (4) In this paragraph “the appropriate Ministers” means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy Security and Net Zero.

PART 3 — Electronic communications code networks

32

• (1) The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and an operator of an electronic communications code network.

• (2) In this Part—

• “alternative apparatus” means apparatus provided in replacement of electronic communications apparatus in connection with the construction of the authorised works;

• “the appropriate Ministers” means the Secretary of State for Transport and the Secretary of State for Science, Innovation and Technology acting jointly;

• “the authorised works” means the works authorised by this Act;

• “construction” includes installation (and “construct” is to be construed accordingly);

• “electronic communications code” means the code set out in Schedule 3A to the Communications Act 2003;

• “operator”, “electronic communications apparatus”, and “electronic communications code network” have the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003.

33

• (1) Subject to sub-paragraph (2), Part 10 of the electronic communications code applies for the purposes of the authorised works.

• (2) Parts 6 and 10 of the electronic communications code do not apply for the purposes of the authorised works—

• (a) insofar as such works are regulated by the New Roads and Street Works Act 1991 or any regulation made under that Act,

• (b) where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of TCPA 1990 or under an order made under that section to remove electronic communications apparatus, or

• (c) in respect of any matter regulated by sub-paragraphs (3) to (8) of paragraph 35.

34

The temporary stopping up or diversion of any highway under paragraph 8 of Schedule 4 does not affect any right of an operator under Part 8 of the electronic communications code in respect of any apparatus which at the time of the stopping up or diversion is in the highway.

35

• (1) Where a highway is stopped up under paragraph 2 or 3 of Schedule 4, any operator of an electronic communications code network whose electronic communications apparatus is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but this is subject to sub-paragraph (2).

• (2) Nothing in sub-paragraph (1) affects any right of the nominated undertaker or the operator to require removal of that apparatus under this Part or the power of the nominated undertaker to alter or remove apparatus in accordance with Part 10 of the electronic communications code.

• (3) The nominated undertaker must give not less than 28 days' notice of its intention to stop up any highway under paragraph 2 or 3 of Schedule 4 to any operator of an electronic communications code network whose apparatus is under, over, in, on, along or across the highway.