Works

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

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

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

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

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

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

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

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

(c)works consequent on, or incidental to, works within paragraph (a) or (b).

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

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

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

2Further provision about works

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3Highways

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

(2)Schedule 4 contains provision about—

(a)highway access;

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

(c)construction and maintenance of highways.

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

Compulsory acquisition of land

4Power to acquire land compulsorily

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

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

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

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

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

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

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

5Acquisition of rights and imposition of restrictive covenants

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

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

(i)creating new easements or other rights, or

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

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

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

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

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

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

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

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

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

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

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

6Acquisition of airspace

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

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

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

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

(c)section 153(4A) of TCPA 1990 (blighted land: proposed acquisition of part interest - material detriment test).

7Acquisition of subsoil or under-surface

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

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

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

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

(c)section 153(4A) of TCPA 1990 (blighted land: proposed acquisition of part interest - material detriment test).

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

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

8Highway subsoil

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9Termination of power to acquire land

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

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

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

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

(a)once, and

(b)by not more than 5 years.

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

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

Extinction and exclusion of rights over land

10Extinction of rights over land

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

11Extinction of rights of statutory undertakers

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

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

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

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

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

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

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

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

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

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

12Exclusion of new rights of way

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

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

(b)falls within subsection (2).

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

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

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

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

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

Temporary possession and use of land

13Temporary possession and use of land

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

14Use of roads

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

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

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

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

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

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

15Enforcement of restrictions on land use

(1)This section applies where—

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

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

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

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

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

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

16Compensation for injurious affection

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

Planning

17Deemed planning permission

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

This is subject to the other provisions of this Act.

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

(a)the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

(b)the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(c)the development is not covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill.

(3)Schedule 17 imposes conditions on deemed planning permission under subsection (1).

(4)Deemed planning permission under subsection (1) is specific planning permission for the purposes of section 264(3)(a) of TCPA 1990 (specific planning permission for development of statutory undertakers’ land relevant to whether the land is operational land).

(5)Development which has deemed planning permission under subsection (1) is not development of a class for which planning permission is granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any instrument replacing that order).

18Time limit on deemed planning permission

(1)In relation to development consisting of the construction of a scheduled work, it is a condition of the deemed planning permission under section 17(1) that the development must be begun not later than the end of 10 years beginning with the day on which this Act is passed.

(2)The Secretary of State may, in relation to any such development, by regulations extend the period within which the development must be begun by virtue of this section.

(3)Regulations under subsection (2) must be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Section 91 of TCPA 1990 (limit on duration of planning permission) does not apply to deemed planning permission under section 17(1).

19Power to disapply deemed planning permission

(1)The Secretary of State may by regulations provide, in relation to any work constructed in exercise of the powers conferred by this Act, that section 17(1) is not to apply to development consisting of operations for the maintenance or alteration of the work which are begun on or after a day specified in the regulations.

(2)The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any instrument replacing that order) has effect in relation to any development excepted from section 17(1) by subsection (1) as if this Act were a local Act.

(3)Regulations under subsection (1) may make different provision for different cases.

(4)Regulations under subsection (1) must be made by statutory instrument; and a statutory instrument containing such regulations must be laid before Parliament after being made.

20Development consent

The works authorised by this Act do not require consent under the Planning Act 2008 (development consent).

Deregulation

21Listed buildings and ancient monuments

(1)Schedule 18 contains provision for the disapplication or modification of controls relating to listed buildings.

(2)Schedule 19 contains provision for the disapplication or modification of controls relating to ancient monuments.

22Burial grounds

(1)Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise has effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

(2)Subsection (1) does not apply where the use of the land for that purpose would involve disturbing human remains which are buried in it, unless the remains and any monument to the deceased have been dealt with in accordance with Schedule 20.

(3)In this section and Schedule 20—

• “burial ground” means—

  (a)

  a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of burial, and

  (b)

  any other place of burial;

• “monument” includes a tombstone or other memorial; and references to a monument to a person are to a monument commemorating that person, whether alone or with any other person.

23Consecrated land

(1)No obligation or restriction imposed under ecclesiastical law or otherwise in relation to consecrated land has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works.

(2)Subsection (1) does not apply in relation to the use of land comprised in a burial ground for the purpose of constructing any of the works authorised by this Act.

24Commons and open spaces

No enactment regulating the use of commons, town or village greens, open spaces or allotments, and no enactment specially regulating any land of any of those kinds, prevents or restricts—

(a)the doing of anything for Phase 2a purposes on land held by the Secretary of State or the nominated undertaker for those purposes,

(b)the exercise of any right of entry under this Act (or the doing of anything pursuant to such a right of entry), or

(c)the doing of anything in exercise of any other power under this Act.

25Trees

(1)The enactments specified in subsection (2) do not apply to—

(a)tree works which are carried out in relation to a tree growing on land within the Act limits for the purposes of or in connection with the construction of the works authorised by this Act, or

(b)tree works which are carried out in relation to a tree growing on land used for Phase 2a purposes and are necessary—

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

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

(2)The enactments referred to in subsection (1) are—

(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), and

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

(3)In this section, “tree works” means works consisting of the removal, topping or lopping of a tree or the cutting back of the roots of a tree.

26Overhead lines

(1)Section 37(1) of the Electricity Act 1989 (which requires the consent of the Secretary of State in relation to overhead lines) does not apply in relation to an electric line where—

(a)the line is installed above land within the Act limits, and

(b)the installation of the line—

(i)is a work authorised by this Act, and

(ii)has deemed planning permission under section 17(1).

(2)Where section 37(1) of the Electricity Act 1989 applies in relation to an electric line—

(a)the installation of which is a work authorised by this Act, or

(b)which is installed, or is to be installed, for the purposes of, in connection with or in consequence of the construction of any work authorised by this Act,

Schedule 8 to that Act (procedure for obtaining consent) has effect as if paragraph 2(2) (public inquiry to be held where planning authority object to consent application) were omitted.

(3)The installation of an electric line by a person other than the nominated undertaker is to be treated for the purposes of subsection (1)—

(a)as a work authorised by this Act, and

(b)as having deemed planning permission under section 17(1),

if, were it carried out by the nominated undertaker, it would be a work authorised by this Act and would have such permission.

(4)The installation of an electric line for the purposes of, in connection with or in consequence of the construction of any work authorised by this Act does not require consent under the Planning Act 2008 (development consent).

(5)In this section, “electric line” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64 of that Act).

27Water

Schedule 21 contains provision about water abstraction and impounding and other matters related to water and drainage.

28Buildings

(1)Schedule 22 contains provision about the application of various provisions of the Building Act 1984 and building regulations.

(2)Schedule 23 contains provision about the application of the Party Wall etc. Act 1996.

29Street works

Schedule 24 disapplies various controls relating to works in or near streets and highways.

30Lorries

Schedule 25 contains provision about the use of heavy commercial vehicles.

31Noise

Schedule 26 contains provision about—

(a)noise on construction sites, and

(b)noise which constitutes a statutory nuisance.

32Local Acts

Schedule 27 disapplies various controls under local Acts relating to Staffordshire and Cheshire.

33Community Infrastructure Levy

Liability to Community Infrastructure Levy under Part 11 of the Planning Act 2008 does not arise in relation to development authorised by this Act.

Railway matters

34Objectives of Office of Rail and Road

(1)The list of objectives in section 4(1) of the Railways Act 1993 (objectives of Office of Rail and Road and Secretary of State) is to be treated, in relation to the Office of Rail and Road only, as including the objective of facilitating the construction of Phase 2a of High Speed 2 and the railway works referred to in section 1(1)(b).

(2)The Office of Rail and Road must consult the Secretary of State about the discharge of its duty under section 4(1) of the Railways Act 1993 so far as relating to that objective.

(3)This section ceases to have effect on such day as the Secretary of State may specify by regulations.

(4)Regulations under subsection (3) must be made by statutory instrument; and a statutory instrument containing such regulations must be laid before Parliament after being made.

35Disapplication of licensing requirement in pre-operational phase

(1)Section 6(1) of the Railways Act 1993 (which prohibits any person from acting as the operator of a railway asset unless authorised by a licence under section 8 of that Act) does not apply in relation to—

(a)a railway asset, other than a train, which is constructed in exercise of the powers conferred under this Act but which is not yet ready for commercial use, or

(b)a train being used on a network where the network is a railway asset falling within paragraph (a).

(2)For the purposes of subsection (1), a railway asset is to be taken to be ready for commercial use only if the Secretary of State has laid before Parliament notice of his or her determination that it is ready for such use.

(3)The exemption granted by subsection (1) is an appropriate licence exemption for the purposes of section 122 of the Railways Act 1993 (which provides a defence to actions in nuisance etc to persons who hold a licence under section 8 of that Act or have an appropriate licence exemption).

(4)In this section, “network”, “railway asset” and “train” have the same meaning as in Part 1 of the Railways Act 1993.

36Disapplication of statutory closure provisions

(1)The Secretary of State may at any time before Phase 2a of High Speed 2 is ready for commercial use direct that the statutory closure provisions (so far as otherwise relevant) are not to apply to any discontinuance which the Secretary of State considers necessary or expedient because of—

(a)the carrying out or proposed carrying out of works authorised by this Act, or

(b)the proposed operation of Phase 2a of High Speed 2.

(2)In subsection (1), “statutory closure provisions” means the following provisions of the Railways Act 2005—

• sections 22 to 25 (discontinuance of railway passenger services),

• sections 26 to 28 (discontinuance of operation of passenger networks),

• sections 29 to 31 (discontinuance of use or operation of stations), and

• section 37 (discontinuance of experimental passenger services).

(3)For the purposes of this section, Phase 2a of High Speed 2 is to be taken to be ready for commercial use only if the Secretary of State has laid before Parliament notice of his or her determination that it is ready for such use.

37Other railway legislation etc

Schedule 28 contains provision about the application of railway legislation.

38Co-operation

(1)Where the nominated undertaker considers that a matter affects—

(a)the construction, maintenance or operation of Phase 2a of High Speed 2, and

(b)the construction, maintenance or operation of a railway asset, or other railway facility, which is not a Phase 2a asset or facility,

the nominated undertaker may by notice require a controller of the asset or facility to enter into an agreement with the nominated undertaker about how the matter is to be dealt with.

(2)Where a controller of a railway asset, or other railway facility, that is not a Phase 2a asset or facility considers that a matter affects—

(a)the construction, maintenance or operation of the asset or facility, and

(b)the construction, maintenance or operation of Phase 2a of High Speed 2,

the controller may by notice require the nominated undertaker to enter into an agreement with the controller about how the matter is to be dealt with.

(3)The terms of an agreement under subsection (1) or (2) are to be such as the nominated undertaker and the controller may agree or, in default of agreement, as may be determined by arbitration.

(4)Schedule 29 contains provision about arbitration under subsection (3) (which is in addition to the general provision about arbitration in section 56).

(5)For the purposes of this section, a railway asset or other railway facility is a “Phase 2a asset or facility” if—

(a)in the case of a railway asset consisting of any train being used on a network, the network is comprised in Phase 2a of High Speed 2, and

(b)in any other case, if the railway asset or other railway facility is used, or intended for use, for Phase 2a purposes.

(6)Subsections (1) and (2) do not apply in relation to—

(a)a matter which pursuant to any enactment must or may be dealt with by the Office of Rail and Road, or

(b)a matter relating to an agreement which pursuant to any provision of that or any other agreement must or may be dealt with by the Office of Rail and Road.

(7)In this section—

• “controller”, in relation to a railway asset or facility, means—

  (a)

  the person having the management of the asset or facility for the time being, or

  (b)

  a person who owns, or has rights in relation to, the asset or facility;

• “network”, “railway asset” and “train” have the same meaning as in Part 1 of the Railways Act 1993;

• “railway facility” includes a maintenance depot, electrical supply facility or stabling facility.

39Transfer of functions relating to works

(1)If for the purposes of this Act the Secretary of State acquires any land from a railway operator on which works authorised by any enactment are situated, the Secretary of State may by order provide for the transfer to the Secretary of State or the nominated undertaker of any power or duty which—

(a)was previously exercisable by the railway operator, and

(b)was conferred under an enactment.

(2)The Secretary of State may by order provide for the further transfer, to the Secretary of State or the nominated undertaker, of a power or duty transferred under subsection (1) or this subsection.

(3)If a railway operator acquires any land from the Secretary of State on which works authorised by this Act are situated, the Secretary of State may, with the consent of the railway operator, by order provide for the transfer to the railway operator of any duty under this Act relating to the works.

(4)An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient in connection with the order.

(5)In subsections (1) and (3), references to a railway operator are to a person who has the management for the time being of any network, station or light maintenance depot.

(6)In this section, “light maintenance depot”, “network” and “station” have the same meaning as in Part 1 of the Railways Act 1993.

Traffic

40Traffic

Schedule 30 contains provision relating to traffic regulation.

Nominated undertaker

41Nominated undertaker

(1)The Secretary of State may by regulations—

(a)appoint a person specified in the regulations as the nominated undertaker for such purposes of such provisions of this Act as may be so specified;

(b)provide that an appointment under paragraph (a) ceases to have effect in such circumstances as may be specified in the regulations.

(2)Where, in the case of any provision of this Act which refers to the nominated undertaker, there is any purpose of the provision for which no one has been appointed as the nominated undertaker under subsection (1), any reference in the provision to the nominated undertaker is to be read, in relation to that purpose, as a reference to the Secretary of State.

(3)The Secretary of State may fetter the exercise of his or her discretion under subsection (1) by agreement with a person who is, or is proposed to be, specified in regulations under that subsection.

(4)The Secretary of State may by regulations make such modifications of any provision of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) has effect, as appear to the Secretary of State to be necessary or expedient in consequence of the Secretary of State’s having functions by virtue of that subsection.

(5)Regulations under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient.

(6)Regulations under this section must be made by statutory instrument.

(7)A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Statutory undertakers etc

42Extension of planning permission for statutory undertakers

Schedule 31 contains provision about certain works carried out by statutory undertakers, including provision extending the planning permission granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) for works covered by an environmental assessment.

43Protective provisions

Schedule 32 contains provision protecting the interests of certain persons who may be affected by provisions of this Act.

44Existing agreements

(1)The agreements listed in subsection (2) apply in relation to the exercise of the powers conferred by this Act as they apply in relation to the exercise of the powers conferred by the High Speed Rail (London - West Midlands) Act 2017.

(2)The agreements are—

(a)the undertaking given on 25 February 2015 by the Secretary of State for Transport to the Commonwealth War Graves Commission;

(b)the undertaking given on 1 April 2015 by the Secretary of State for Transport to the Archbishops’ Council of Church House.

(3)For the purposes of this section—

(a)references in the agreements listed in subsection (2) to a provision of the Bill for the High Speed Rail (London - West Midlands) Act 2017 are to be read as references to the corresponding provision of the Bill for this Act;

(b)references in those agreements to the promoter are to be read as references to the nominated undertaker;

(c)in the agreement referred to in subsection (2)(b), references to the Heritage Memorandum are to be read as references to the draft Heritage Memorandum prepared in connection with the High Speed Rail (West Midlands - Crewe) Bill or to any memorandum superseding that draft.

Reinstatement and environmental works

45Compulsory acquisition of land for relocation of an undertaking

(1)If the whole or part of any undertaking is displaced, or is likely to be displaced, as a result of the exercise of any power under this Act, the Secretary of State may acquire land compulsorily—

(a)for the relocation of the undertaking, or

(b)in a case relating to part of an undertaking—

(i)for the relocation of the displaced part, or

(ii)for the purpose of providing land in substitution for the site of the displaced part.

(2)For the purposes of subsection (1), the whole or part of an undertaking is displaced if the site on which it has previously been carried on is no longer reasonably capable of being used for the purposes of the undertaking.

(3)The Acquisition of Land Act 1981 (which makes provision about a compulsory purchase to which that Act applies, including provision about the authorisation of a purchase and the assessment of compensation) applies to the compulsory acquisition of land under this section.

(4)In relation to a compulsory acquisition under this section—

(a)section 234 of TCPA 1990 (disposal of land) and section 236 of that Act (extinguishment of rights) apply as they apply where land is acquired as mentioned in those sections,

(b)sections 238, 239 and 241 of TCPA 1990 (use and development of consecrated land, burial grounds and open spaces) apply as if, in subsection (1)(a) of each of those sections, for “for any purpose for which he acquired the land” there were substituted “, or by any other person, for any purpose for which the land was acquired”, and

(c)section 245 of TCPA 1990 (modified application of Acquisition of Land Act 1981 and Compulsory Purchase Act 1965) applies as it applies where land is proposed to be acquired as mentioned in that section.

(5)Sections 238, 239 and 241 of TCPA 1990 also apply as mentioned in subsection (4)(b) where land is acquired by the Secretary of State, otherwise than under this section, for a purpose for which land may be acquired under this section.

(6)The power to acquire land compulsorily under this section includes power to acquire an easement or other right over land by creating a new easement or right.

(7)The power under this section, so far as relating to compulsory acquisition by virtue of subsection (6), includes power to acquire a right for the benefit of a person other than the Secretary of State.

(8)Section 13(2), (3) and (5) of, and Part 2 of Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1976 (application of compulsory purchase legislation) apply to a compulsory acquisition by virtue of subsection (6) as they apply to an acquisition of rights by virtue of section 13(1) of that Act.

(9)In this section, “undertaking” includes a business or facility.

(10)In section 49 of the High Speed Rail (London - West Midlands) Act 2017 (which makes provision corresponding to that made by this section), after subsection (6) insert—

“(6A)The power under this section, so far as relating to compulsory acquisition by virtue of subsection (6), includes power to acquire a right for the benefit of a person other than the Secretary of State.”

46Power to carry out reinstatement works

(1)The nominated undertaker may, where the operation or use of the whole or part of an undertaking is discontinued or substantially impaired as a result of the exercise of any power under this Act, carry out reinstatement works within the Act limits.

(2)For the purposes of this section, “reinstatement works” means works for the purposes of or in connection with the reinstatement (whether on the same site or otherwise) of the whole or part of the undertaking in question.

(3)Where the power under subsection (1) is exercised for the purpose of carrying out temporary reinstatement works, it may be further exercised for the purpose of carrying out permanent reinstatement works.

(4)In this section, “undertaking” includes a business or facility.

47Planning permission: works involving reinstatement of undertaking

(1)The Secretary of State may direct that section 17(1) (deemed planning permission for development authorised by this Act) does not apply in relation to development consisting of—

(a)particular reinstatement works, or

(b)a particular scheduled work, where the construction of the work is for the purposes of or in connection with the reinstatement (whether on the same site or otherwise) of the whole or part of a relevant undertaking.

(2)An undertaking is a “relevant undertaking” if the operation or use of the whole or part of the undertaking is discontinued or substantially impaired as a result of the exercise of any power under this Act.

(3)Where a direction under subsection (1) has effect in relation to development, the Secretary of State may direct—

(a)that planning permission for the development is deemed to be granted under Part 3 of TCPA 1990, subject to such conditions as may be specified in the direction (but see subsection (6));

(b)that, where the development has deemed planning permission under paragraph (a), such person as may be specified in the direction is to be treated as also being authorised to carry out the development.

(4)The provisions of TCPA 1990 (other than section 92 and Part 12) apply in relation to deemed planning permission under subsection (3)(a) as if it had been granted by the Secretary of State on an application referred to the Secretary of State under section 77 of that Act.

(5)Where development authorised by subsection (3)(a) consists of the carrying out of reinstatement works, section 18 (time limit on deemed planning permission) applies in relation to the development as it applies in relation to development consisting of the construction of a scheduled work.

(6)The power in subsection (3)(a) does not apply in relation to development which—

(a)is likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

(b)is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(c)is not covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill.

(7)The Secretary of State must—

(a)publish any direction under subsection (3)(a) in such manner as the Secretary of State thinks appropriate, and

(b)give copies of any such direction to—

(i)the owners and occupiers of the land to which the deemed planning permission relates, and

(ii)the unitary authority or, in a non-unitary area, the district council in whose area the development to which the direction relates is or is to be carried out.

(8)Where development in relation to which a direction under subsection (1) has effect is carried out by a person other than the nominated undertaker—

(a)section 10(1) of the Compulsory Purchase Act 1965 (compensation for injurious affection) has effect, in relation to land injuriously affected by the execution of the works, as if for “acquiring authority have” there were substituted “person carrying out the works has”;

(b)section 6 of the Railways Clauses Consolidation Act 1845 (as applied by paragraph 4(1) of Schedule 28) has effect as if references to “the company” were to the person carrying out the works.

(9)Directions given under this section may revoke or vary previous directions under this section.

(10)In this section, “reinstatement works” and “undertaking” have the same meaning as in section 46.

48Enforcement of environmental covenants

(1)This section applies where—

(a)a covenant relating to land is made between a person interested in the land (the “promisor”) and the Secretary of State,

(b)the covenant imposes on the promisor—

(i)an obligation (which may be an obligation to make payments) relating to the carrying out, maintenance, protection or enhancement of relevant environmental works in respect of the land, or

(ii)a prohibition or restriction relating to the use of the land, for the purposes of the maintenance, protection or enhancement of relevant environmental works which have been carried out in respect of the land, and

(c)the covenant is made by an agreement (whether entered into before or after the day on which this Act is passed) which satisfies the requirements mentioned in subsection (6).

(2)In this section—

• a covenant to which this section applies is referred to as an “environmental covenant”;

• an obligation, prohibition or restriction of a kind mentioned in subsection (1)(b) is referred to as a “qualifying provision” of an environmental covenant;

• “relevant environmental works” means—

  (a)

  landscaping or other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, or

  (b)

  works for the restoration of land affected by any of the works authorised by this Act,

  and may include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals.

(3)The Secretary of State or an authorised person may enforce—

(a)a qualifying provision of an environmental covenant, and

(b)any ancillary obligation, prohibition or restriction imposed by the covenant on the promisor,

against the promisor or persons deriving title from or under the promisor in respect of land (including Crown land) to which the covenant relates.

(4)In subsection (3), “authorised person” means a person authorised by the Secretary of State (whether generally or in specified circumstances) to exercise the power under that subsection.

(5)The reference in subsection (3)(b) to an ancillary obligation, prohibition or restriction imposed by an environmental covenant is a reference to an obligation, prohibition or restriction (other than one within subsection (1)(b)) which—

(a)relates to land or relevant environmental works to which the covenant relates, and

(b)is imposed—

(i)to enable works authorised by this Act or relevant environmental works to be maintained, or

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

(6)The agreement by which an environmental covenant is made must—

(a)describe the qualifying provision or provisions of the covenant and the relevant environmental works to which the covenant relates,

(b)identify the land to which the covenant relates, and

(c)be entered into by an instrument executed as a deed.

(7)Where, in the case of an environmental covenant, the Secretary of State authorises a person for the purposes of subsection (3), the Secretary of State must give notice of that to the person or persons against whom a qualifying provision of the covenant is enforceable at the time of the authorisation.

(8)An environmental covenant is a local land charge.

(9)Subsection (10) applies in the case of a breach of a qualifying provision of an environmental covenant by a person against whom the provision is enforceable.

(10)A court may award exemplary damages against the person if the court thinks it appropriate to do so in the circumstances.

(11)Exemplary damages may be awarded under subsection (10) whether or not another remedy is granted.

Further high speed rail works

49Power to apply Act to further high speed rail works

(1)A TWA order which relates to a relevant Phase 2a matter may apply any provision of this Act, with or without modification, to anything authorised by the order, so far as relating to that matter.

(2)The following are “relevant Phase 2a matters”—

(a)a power exercisable or to be exercisable in connection with the works authorised by this Act,

(b)an extension of Phase 2a of High Speed 2, and

(c)any other works carried out or to be carried out for Phase 2a purposes.

(3)A TWA order which relates to an extension or works referred to in subsection (2)(b) and (c) may also provide for any provision of this Act to have effect as if Phase 2a of High Speed 2 included the extension or works.

(4)Section 13(2) of the Transport and Works Act 1992 (power of Secretary of State to refuse application on ground that objects of order sought could be achieved by other means) does not apply where, for purposes relating to the diversion of apparatus belonging to a utility undertaker, an application is made under section 6 of that Act for a TWA order in relation to a relevant Phase 2a matter.

(5)Subsection (1) does not confer power to apply any of the following—

• section 9(2) and Schedule 13 (extension of time-limit on compulsory acquisition);

• Schedules 18 and 19 (listed buildings and ancient monuments).

(6)In this section, “TWA order” means an order under section 1 of the Transport and Works Act 1992.

The Crown

50Application of powers to Crown land

(1)The powers conferred on the nominated undertaker under this Act may be exercised in relation to Crown land with the consent of the Crown authority.

(2)The Crown authority may give consent under this section—

(a)subject to conditions, and

(b)notwithstanding anything in any lease or other grant granted by or to that authority.

(3)In this Act, “Crown land” means land in which there is—

(a)an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,

(b)an interest belonging to Her Majesty in right of the Crown, or

(c)an interest belonging to Her Majesty in right of the Duchy of Lancaster.

(4)In this Act, “Crown authority”, in relation to any Crown land, means—

(a)in a subsection (3)(a) case, the government department in question;

(b)in a subsection (3)(b) case—

(i)if the land forms part of the Crown Estate, the Crown Estate Commissioners, and

(ii)in any other case, the government department having management of the land;

(c)in a subsection (3)(c) case, the Chancellor of the Duchy of Lancaster.

(5)If for the purposes of this section a question arises as to which authority is the Crown authority for any land—

(a)the question is to be decided by the Treasury, and

(b)the Treasury’s decision is final.

51Highways for which Secretary of State is highway authority

(1)The powers conferred on the nominated undertaker under this Act with respect to works may be exercised in relation to a highway for which the Secretary of State is the highway authority with the Secretary of State’s consent.

(2)The Secretary of State may give consent subject to conditions.

52Crown Estate

Section 3(1) and (2) of the Crown Estate Act 1961 (limitations on Crown Estate Commissioners’ powers of disposal in relation to land under their management) do not apply in relation to land within the Act limits which appears to the Crown Estate Commissioners to be required for Phase 2a purposes.

Deposited plans and sections

53“Deposited plans” and “deposited sections”

(1)In this Act “deposited plans” and “deposited sections” mean, respectively, the plans and sections deposited in connection with the High Speed Rail (West Midlands - Crewe) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

(2)The plans and sections referred to in subsection (1) are—

(a)those deposited in July 2017 but excluding sheets 1-16 and 1-18 and as altered by—

(i)replacement sheets 1-12, 1-25, 1-69, 1-70, 2-05, 2-08, 2-09, 2-44 and 2-50 deposited in March 2018,

(ii)replacement sheets 1-01, 1-02, 1-05, 1-06, 1-07, 1-08, 1-09, 1-10, 1-11, 1-13, 1-14, 1-15, 1-17, 1-19, 1-20, 1-21, 1-23, 1-24, 1-26, 1-28, 1-29, 1-32, 1-33, 1-34, 1-35, 1-36, 1-37, 1-38, 1-39, 1-40, 1-41, 1-42, 1-43, 1-44, 1-45, 1-46, 1-47, 1-48, 1-49, 1-50, 1-51, 1-52, 1-53, 1-54, 1-57, 1-58, 1-59, 1-60, 1-61, 1-62, 1-64, 1-65, 1-66, 2-04, 2-06, 2-17, 2-21, 2-23, 2-28, 2-29, 2-31, 2-32, 2-35, 2-45, 2-46, 2-52, 2-55, 2-66 and 2-71 deposited in February 2019, and

(iii)replacement sheets 1-30 and 1-31 deposited in May 2019;

(b)sheets 1-07A, 1-07B, 1-07C, 1-15A, 1-15B, 1-15C, 1-15D, 1-15E, 1-15F, 1-15G, 1-26A, 1-39A, 1-43A, 1-43B, 1-45A, 1-53A, 1-53B, 1-53C, 1-53D, 1-53E, 1-53F, 2-06A, 2-06B, 2-21A, 2-46A, 2-50A and 2-66A deposited in February 2019.

(3)A copy of the deposited plans or deposited sections, or any extract from those plans or sections, certified as such by the Secretary of State is admissible in any proceedings as evidence of its contents.

54Correction of deposited plans

(1)If the deposited plans are inaccurate in their description of any land, the Secretary of State, after giving not less than 10 days’ notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans.

(2)If on such an application it appears to the justices that the wrong description arose from mistake or inadvertence, the justices—

(a)must certify accordingly, and

(b)must in their certificate state in what respect a matter is wrongly described.

(3)A certificate under subsection (2) must be deposited in the office of the Clerk of the Parliaments, and a copy of it must be deposited—

(a)in the Private Bill Office of the House of Commons, and

(b)with the proper officer of each local authority in whose area the land to which the certificate relates is situated.

(4)Upon deposit of the certificate—

(a)the deposited plans are deemed to be corrected according to the certificate, and

(b)it is lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans had always been in the corrected form.

(5)A copy certificate deposited under subsection (3) must be kept with the documents to which it relates.

(6)A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if the justice may act in respect of land in either area.

(7)In this section, “local authority” means a unitary authority or, in a non-unitary area, a county council.

Miscellaneous and general

55Environmental Impact Assessment Regulations: miscellaneous

(1)The Environmental Impact Assessment Regulations have effect as if the definition of “EIA development” in regulation 2(1) included any development not included in paragraph (a) or (b) of the definition where—

(a)the development consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act,

(b)the development does not have deemed planning permission under section 17(1),

(c)the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

(d)the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(2)In regulation 9 of the Environmental Impact Assessment Regulations (subsequent applications where environmental information previously provided)—

(a)in paragraph (1)(b)(ii), for the words from “section 10(1)” to “covenants)” substitute “a qualifying enactment”, and

(b)after paragraph (1) insert—

“(1A)In paragraph (1)(b)(ii), “qualifying enactment” means—

(a)section 10(1) of the Crossrail Act 2008,

(b)section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017, or

(c)section 17(1) or 47(3)(a) of the High Speed Rail (West Midlands - Crewe) Act 2021.”

56Arbitration

(1)Where under this Act any difference is to be referred to arbitration, the difference is to be referred to, and settled by, a single arbitrator who is—

(a)to be agreed between the parties, or

(b)in default of agreement, to be appointed on the application of either party, after notice to the other, by the President of the Institution of Civil Engineers.

(2)Subsection (3) applies where—

(a)a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and

(b)the President notifies either of the parties that he or she is not going to appoint an arbitrator under subsection (1).

(3)In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice to the other, by the Office of Rail and Road.

(4)The Office of Rail and Road may under subsection (3) appoint a member or employee of that Office as the arbitrator.

(5)The Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport acting jointly may by rules make provision about procedure in relation to arbitration under this Act.

(6)Rules under subsection (5) must be made by statutory instrument; and a statutory instrument containing such rules is subject to annulment in pursuance of a resolution of either House of Parliament.

57Notices and other documents

(1)A notice or other document required or authorised to be given to a person for the purposes of this Act may be given by—

(a)transmitting the text of the notice or document to the person by agreed electronic means (for example, by email to an agreed address),

(b)delivering it to the person or sending it by post to the person at the person’s last known address,

(c)if the person is a body corporate, delivering it to the secretary of the body corporate or sending it by post to the secretary of the body corporate at its registered or principal office within the United Kingdom, or

(d)if the person is a partnership, delivering it to a partner of the partnership or a person having control or management of the partnership business, or sending it by post to such a partner or person at the principal office of the partnership.

(2)For the purposes of subsection (1), any person to whom a notice or other document is to be given may specify a different address within the United Kingdom as the one to which the notice or document must be sent.

(3)Where a notice or document is given to a person in accordance with subsection (1)(a) and, within 7 days of receiving it, the person requests a copy of the notice or document in printed form, the sender must provide such a copy as soon as reasonably practicable.

(4)Subsection (5) applies where—

(a)a document is required or authorised to be given to a person for the purposes of this Act as the owner of an interest in, or occupier of, any land, and

(b)the person’s name or address cannot be ascertained after reasonable enquiry.

(5)The document may be given to the person by addressing it to the person by name or by the description of “owner” or “occupier” (as the case may be) of the land and—

(a)leaving it with a person who is, or appears to be, resident or employed on the land, or

(b)leaving it conspicuously affixed to some building or object on or near the land.

(6)Any notice given for the purposes of this Act must be in writing.

(7)In this section—

• “secretary”, in relation to a local authority within the meaning of the Local Government Act 1972, means the proper officer within the meaning of that Act;

• references to giving a document include similar expressions (such as serving).

58Resumption of previous use of land

(1)This section applies where the nominated undertaker discontinues development of land in accordance with deemed planning permission under—

(a)section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017, or

(b)section 17(1) or 47(3)(a) of this Act.

(2)Planning permission is not required for the resumption, at the relevant time, of the use of the land for the purpose for which it was normally used immediately before the land started to be developed in accordance with the deemed planning permission.

(3)For the purposes of subsection (2), “the relevant time” is the time when the nominated undertaker discontinues development of the land in accordance with the deemed planning permission.

(4)Section 57(2) of TCPA 1990 (which also makes provision disapplying the requirement for planning permission where a previous use is resumed) does not apply in a case where subsection (2) has effect.

59Ancient woodland

(1)The nominated undertaker must prepare and publish annual reports about the impact of the construction of each Phase of High Speed 2 on ancient woodland.

(2)A report must contain—

(a)information about the impact on ancient woodland of the construction of each Phase of High Speed 2 during the period to which the report relates;

(b)such other information as may be specified by the Secretary of State.

(3)The first report must be published before the end of the period of one year beginning with the day on which this Act comes into force.

(4)Subsequent reports must be published before the end of the period of one year beginning with the day on which the previous report was published.

(5)A report is not required in relation to a Phase of High Speed 2 in respect of a period during which no construction works take place for that Phase.

(6)The nominated undertaker must publish reports under this section in such manner as the nominated undertaker considers appropriate.

(7)In this section “Phase of High Speed 2” means—

(a)Phase One of High Speed 2 (within the meaning of section 1 of the High Speed Rail (London - West Midlands) Act 2017);

(b)Phase 2a of High Speed 2;

(c)any other railway line which forms part of the high speed railway transport network referred to in section 1 of the High Speed Rail (Preparation) Act 2013.

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

(1)Before 1 May 2021, the Secretary of State must publish the report of a consultation with—

(a)residents of the County of Shropshire, the County of Staffordshire, the County of Cheshire and any other areas deemed relevant by a Minister of the Crown, who may be impacted by the scheduled works, Phase 2a of High Speed 2, and associated works; and

(b)any stakeholders deemed relevant by a Minister of the Crown.

(2)The consultation must ask the views of residents and stakeholders listed in subsection (1) in regard to—

(a)the impact of road traffic as a result of the works;

(b)the impact of the works on the natural environment, including but not limited to the impact on ancient woodland;

(c)whether there are sufficient transport provisions for the purposes of passengers connecting to Phase 2a of High Speed 2, and to address changes to general passenger movements caused by the works; and

(d)if not, whether the construction of new railway stations and improvements to railway stations, including any associated reopening of lines, is necessary in relation to paragraph (c).

(3)The report must be laid before both Houses of Parliament and a Minister of the Crown must make a statement to both Houses detailing any steps which will be taken to implement the findings of the report.

Interpretation

61“Phase 2a purposes”

References in this Act to anything being done or required for “Phase 2a purposes” are to the thing being done or required—

(a)for the purposes of or in connection with the works authorised by this Act,

(b)for the purposes of or in connection with trains all or part of whose journey is on Phase 2a of High Speed 2, or

(c)otherwise for the purposes of or in connection with Phase 2a of High Speed 2 or any high speed railway transport system of which Phase 2a of High Speed 2 forms or is to form part.

62Interpretation

(1)In this Act—

• “Act limits” is to be construed in accordance with subsection (2);

• “allotment” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

• “bridleway”, “carriageway” and “footpath” have the same meanings as in the Highways Act 1980;

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882;

• “covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill” is to be construed in accordance with subsection (3);

• “Crown authority” has the meaning given by section 50(4);

• “Crown land” has the meaning given by section 50(3);

• “deposited plans” and “deposited sections” have the meaning given by section 53;

• “deposited statement” has the meaning given by subsection (5);

• “development” has the same meaning as in TCPA 1990;

• “enactment” means either of the following (or a provision of either of the following)—

  (a)

  an Act (including a local or private Act), or

  (b)

  any subordinate legislation, within the meaning given by section 21 of the Interpretation Act 1978;

• “Environmental Impact Assessment Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571) (or any regulations replacing them);

• “highway” and “highway authority” have the same meaning as in the Highways Act 1980;

• “limits of deviation” means the limits of deviation for the scheduled works, as shown on the deposited plans;

• “limits of land to be acquired or used” means the limits of land to be acquired or used which are shown on the deposited plans;

• “nominated undertaker” is to be construed in accordance with section 41;

• “non-unitary area” means an area for which there is both a district and a county council;

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• “owner” in relation to any land, has the same meaning as in Part 1 of the Acquisition of Land Act 1981 (but this does not apply to Schedule 13, which has its own definition);

• “Phase 2a of High Speed 2” has the meaning given by section 1(3);

• “Phase 2a purposes” is to be construed in accordance with section 61;

• “scheduled works” has the meaning given by section 1(2);

• “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

• “TCPA 1990” means the Town and Country Planning Act 1990;

• “unitary authority” means—

  (a)

  a county council, so far as its area is not part of the area of a district council, or

  (b)

  a district council whose area is not part of the area of a county council;

• “utility undertaker” means—

  (a)

  a gas transporter within the meaning of Part 1 of the Gas Act 1986,

  (b)

  the holder of a licence under Part 1 of the Electricity Act 1989,

  (c)

  a water undertaker or sewerage undertaker,

  (d)

  a local authority (within the meaning of the Water Industry Act 1991) which is a relevant authority for the purposes of section 97 of that Act, or

  (e)

  the operator of an electronic communications code network (within the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003).

(2)For the purposes of this Act, land or any other thing is within the Act limits if it is—

(a)within the limits of deviation, or

(b)within the limits of land to be acquired or used,

and references to the doing of anything within the Act limits are to be construed accordingly.

(3)For the purposes of this Act, development is covered by an environmental assessment in connection with the High Speed Rail (West Midlands - Crewe) Bill if it is development in relation to which information contained in a deposited statement constituted, at the time of the statement’s deposit, an environmental statement within the meaning of the Environmental Impact Assessment Regulations.

(4)References in this Act to land or a building held by the nominated undertaker include references to land or a building in the nominated undertaker’s temporary possession.

(5)“Deposited statement” means—

(a)the statement deposited in July 2017 in connection with the High Speed Rail (West Midlands - Crewe) Bill, in pursuance of the relevant Standing Order, in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, and

(b)any subsequent statement containing additional environmental information in connection with that Bill, where the statement is deposited, in pursuance of the relevant Standing Order, in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

“The relevant Standing Order” is Standing Order 27A of the Standing Orders of the House of Commons or of the House of Lords (as the case may be) relating to private business (environmental assessment).

(6)In this Act—

(a)a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans;

(b)a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter);

(c)a reference to a sheet identified by numbers is a reference to the sheet of those numbers contained in the deposited plans;

(d)a reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, is to be read as if qualified by the words “or thereabouts”;

(e)a reference to distance, in relation to points on a road or railway, is to distance measured along the centre line of the road or railway.

(7)For the purposes of this Act, the level of the surface of land is to be taken—

(a)in the case of land on which a building is erected, to be the level of the surface of the ground adjoining the building, and

(b)in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level.

Final

63Financial provision

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by the Secretary of State in consequence of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

64Commencement and short title

(1)This Act comes into force on the day on which it is passed.

(2)This Act may be cited as the High Speed Rail (West Midlands - Crewe) Act 2021.

SCHEDULES

Section 1

SCHEDULE 1Scheduled works

Construction and maintenance of works

1(1)The scheduled works must be constructed—

(a)in the lines or situations shown on the deposited plans,

(b)in accordance with the levels shown on the deposited sections, and

(c)in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown.

This is subject to sub-paragraphs (2) and (3).

(2)In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate—

(a)laterally to any extent from the lines or situations shown on the deposited plans, within the limits of deviation so shown,

(b)vertically downwards to any extent from the level shown for that work on the deposited sections, and

(c)vertically upwards to any extent not exceeding 3 metres from the level shown for that work on the deposited sections, but doing so in a case mentioned in sub-paragraph (1)(c) does not increase the limit referred to in that sub-paragraph.

(3)In constructing any of the scheduled works, the nominated undertaker may substitute an engineering work not shown on the deposited plans or sections for an engineering work which is so shown.

(4)In sub-paragraph (3), “engineering work” includes a bridge, tunnel, viaduct, cutting or embankment.

Description of scheduled works

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

  • Work No. H1 – A railway (1.7 kilometres in length) partly on viaduct commencing at a point 320 metres north of the junction of Wood End Lane with Lichfield Road and terminating by a junction with the West Coast Main Line at a point 220 metres east of the junction of Footpath Armitage with Handsacre 4 and Lichfield Road. Work No. H1 includes a bridge over Work No. H4; Work No. H2 – A railway (1.66 kilometres in length) partly on viaduct commencing at a point 320 metres north of the junction of Wood End Lane with Lichfield Road and terminating by a junction with theWest Coast Main Line at a point 250 metres east of the junction of Footpath Armitage with Handsacre 4 and Lichfield Road.

  • Work No. H2 includes a viaduct over Work No. H3 and the West Coast Main Line;

  • (Note: Works Nos. H1 and H2 replace that part of Work No. 3/93A authorised by the High Speed Rail (London – West Midlands) Act 2017 from their junction with that work.)

  • Work No. H3 – An access road commencing at a point 280 metres south-east of the bridge carrying Shaw Lane over the West Coast Main Line and terminating by a junction with that lane at a point 90 metres north-east of that bridge;

  • Work No. H4 – An access road commencing by a junction with Shaw Lane at a point 175 metres north-east of the bridge carrying that lane over the West Coast Main Line and terminating at a point 320 metres north-west of that bridge;

  • Work No. H5 – An access road commencing at a point 420 metres north-west of the bridge carrying Shaw Lane over the West Coast Main Line and terminating at a point 170 metres north of the junction of Footpath Longdon 0.394 with Lichfield Road;

  • Work No. H6 – An access road commencing at a point 230 metres south-east of the junction of Tuppenhurst Lane with Shaw Lane and terminating at that junction.

• Parish of Armitage with Handsacre –

  • Work No. H7 – A railway (0.99 kilometres in length) being an improvement of the West Coast Main Line commencing at a point 470 metres east of the junction of Shropshire Brook Road with the A513 New Road and terminating at a point 120 metres east of the bridge carrying Footpath Armitage with Handsacre 17 over the Trent and Mersey Canal.

• Parishes of Fradley and Streethay, Kings Bromley, Alrewas, Armitage with Handsacre and Mavesyn Ridware—

  • Work No. 1 – A railway (7.49 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 3/48A authorised under the High Speed Rail (London – West Midlands) Act 2017 at a point 975 metres south-east of the junction of Footpaths Kings Bromley 0.392(a) and Alrewas 0.248 and terminating at a point 260 metres south-west of the junction of Footpath Mavesyn Ridware 8 with Pipe Lane. Work No. 1 includes viaducts over Pyford Brook, Works Nos. 7, 9 and 10, the A513 Rugeley Road, the River Trent and Pipe Lane.

• Parishes of Fradley and Streethay, Alrewas and Kings Bromley—

  • Work No. 2 – An access road commencing at a point 820 metres south of the junction of Footpaths Kings Bromley 0.392(a) and Alrewas 0.248 and terminating at a point 955 metres north-east of the junction of Footpaths Fradley and Streethay 33 and Fradley and Streethay 41.

• Parishes of Fradley and Streethay and Kings Bromley—

  • Work No. 3 – A temporary bridge over Pyford Brook commencing at a point 780 metres south of the junction of Footpaths Kings Bromley 0.392(a) and Alrewas 0.248 and terminating at a point 160 metres north-west of its commencement.

• Parishes of Kings Bromley and Alrewas—

  • Work No. 4 – A diversion of a fuel pipeline commencing beneath a point 310 metres south of the junction of Footpaths Kings Bromley 0.392(a) and Alrewas 0.248 and terminating beneath a point 330 metres west of its commencement;

  • Work No. 5 – A diversion of a gas main commencing beneath a point 110 metres south-west of the junction of Footpaths Kings Bromley 0.392(a) and Alrewas 0.248 and terminating at a point 380 metres south-west of its commencement.

• Parish of Kings Bromley—

  • Work No. 6 – An access road commencing at a point 265 metres north-west of the junction of Footpaths Kings Bromley 0.392(a) and Alrewas 0.248 and terminating at the junction of Crawley Lane and Common Lane;

  • Work No. 6A – A realignment of Crawley Lane commencing at the junction of Crawley Lane with Common Lane and terminating at a point 170 metres east of the junction of Footpath Kings Bromley 12 with Crawley Lane;

  • Work No. 6B – A realignment of Crawley Lane commencing at a point 65 metres east of the junction of Footpath Kings Bromley 12 with Crawley Lane and terminating at a point 85 metres north of that junction;

  • Work No. 7 – A diversion of the A515 Lichfield Road commencing at a point 90 metres north-east of the bridge carrying that road over the Trent and Mersey canal and terminating at a point 200 metres south-west of the junction of the A513 Rugeley Road with that road. Work No. 7 includes a bridge over Bourne Brook;

  • Work No. 7A – An access road commencing by a junction with Work No. 7 at a point 160 metres north of the junction of Shaw Lane with the A515 Lichfield Road and terminating by a junction with Work No. 7B at a point 260 metres north-east of its commencement;

  • Work No. 7B – An access road commencing at a point 380 metres north-east of the junction of Shaw Lane with the A515 Lichfield Road and terminating by a junction with Work No. 7D at a point 370 metres north-west of its commencement;

  • Work No. 7D – A diversion of Common Lane commencing at a point 480 metres east of the bridge carrying the A515 Lichfield Road over Bourne Brook and terminating by a junction with Work No. 7 at a point 370 metres south-west of the junction of the A513 Rugeley Road with the A515 Lichfield Road. Work No. 7D includes a bridge over Bourne Brook;

  • Work No. 7E – An access road commencing at a point 450 metres east of the junction of Common Lane with the A515 Lichfield Road and terminating by a junction with Work No. 7D at a point 60 metres north-east of its commencement;

  • Work No. 7F – A realignment of the A515 Lichfield Road commencing at a point 70 metres north of the bridge carrying that road over the West Coast Main Line and terminating at a point 170 metres north of its commencement;

  • Work No. 7G – A realignment of Wood End Lane commencing at a point 420 metres north-west of the junction of Watery Lane with Wood End Lane and terminating by a junction with Work No. 7F at a point 170 metres north of the bridge carrying the A515 Lichfield Road over the West Coast Main Line;

  • Work No. 7H – An access road commencing by a junction with Work No. 7F at a point 170 metres north of the bridge carrying the A515 Lichfield Road over the West Coast Main Line and terminating at a point 80 metres south-west of its commencement;

  • Work No. 8 – A realignment of the A513 Rugeley Road and the A515 Lichfield Road commencing at a point 360 metres north-west of the junction of Footpath Kings Bromley 12 with Crawley Lane and terminating at a point 200 metres east of the junction of Shaw Lane with the A513 Rugeley Road;

  • Work No. 9 – A diversion of Shaw Lane commencing at a point 835 metres north-west of the junction of that road with the A515 Lichfield Road and terminating at a point 60 metres south of the junction of Shaw Lane with the A513 Rugeley Road;

  • Work No. 9A – An access road commencing by a junction with Work No. 9 at a point 270 metres south-west of the junction of Shaw Lane with the A513 Rugeley Road and terminating at a point 280 metres south-west of that junction;

  • Work No. 10 – A watercourse diversion commencing at a point 250 metres south of the junction of Shaw Lane with the A513 Rugeley Road and terminating at a point 60 metres south of that junction;

  • Work No. 11 – A temporary diversion of the A513 Rugeley Road commencing at a point 15 metres south-east of the junction of Footpath Kings Bromley 3 with that road and terminating at a point 240 metres west of its commencement.

• Parish of Armitage with Handsacre—

  • Work No. 12 – A temporary bridge commencing at a point 440 metres north-east of the junction of Footpath Armitage with Handsacre 26 with the A513 Kings Bromley Lane and terminating at a point 95 metres north-west of its commencement.

• Parishes of Armitage with Handsacre and Mavesyn Ridware—

  • Work No. 13 – A temporary bridge, over the River Trent, commencing at a point 530 metres north-east of the junction of Footpath Armitage with Handsacre 26 with the A513 Kings Bromley Lane and terminating at a point 70 metres north-west of its commencement.

• Parish of Mavesyn Ridware—

  • Work No. 14 – A diversion of a gas main commencing beneath a point 195 metres north-east of the junction of Footpath Mavesyn Ridware 29 with Pipe Lane and terminating at a point 80 metres east of the junction of Footpath Mavesyn Ridware 28 with Pipe Lane;

  • Work No. 15 – A diversion of Pipe Lane commencing at a point 140 metres east of the junction of Footpath Mavesyn Ridware 29 with Pipe Lane and terminating at a point 380 metres south-east of the junction of Footpath Mavesyn Ridware 38 with Pipe Lane;

  • Work No. 15A – A realignment of Pipe Lane commencing at a point 150 metres east of the junction of Footpath Mavesyn Ridware 29 with Pipe Lane and terminating at a point 60 metres west of that junction;

  • Work No. 15D – A realignment of Uttoxeter Road and Common Lane commencing at a point 30 metres south of the junction of Common Lane with Uttoxeter Road and terminating at a point 10 metres south of the junction of Common Lane with Pipe Lane;

  • Work No. 16 – An access road commencing at a point 260 metres south-west of the junction of Footpath Mavesyn Ridware 38 with Pipe Lane and terminating at a point 230 metres north-west of the junction of Footpath Mavesyn Ridware 37 with Pipe Lane. Work No. 16 includes a bridge over Work No. 1.

• District of Lichfield, Parishes of Mavesyn Ridware and Colton, Borough of Stafford, Parishes of Colwich, Ingestre and Tixall—

  • Work No. 17 – A railway (12.03 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 1 at a point 650 metres north-east of the junction of Stonyford Lane with Uttoxeter Road and terminating at a point 810 metres south-west of the junction of Byway Open to all Traffic Ingestre 2 with Byway Open to all Traffic Ingestre 3. Work No. 17 includes viaducts over Works Nos. 26A, 27 and 28, the Macclesfield to Colwich Line, the Trent and Mersey Canal, the River Trent, Hoo Mill Lane and Ingestre Park Road and bridges over Works Nos. 24, 26, 34, 36 and 45.

• District of Lichfield, Parish of Mavesyn Ridware—

  • Work No. 18 – A diversion of Uttoxeter Road commencing at a point 10 metres south-east of the junction of that road with Stonyford Lane and terminating at a point 270 metres south-east of the junction of Godwins Lane with Blithbury Road. Work No. 18 includes a bridge over Work No. 17;

  • Work No. 18A – A diversion of Stonyford Lane commencing by a junction with Work No. 18 at a point 60 metres north of the junction of that road with Uttoxeter Road and terminating at a point 140 metres north-west of its commencement;

  • Work No. 18B – An access road commencing by a junction with Work No. 18 at a point 260 metres north of the junction of Stonyford Lane with Uttoxeter Road and terminating at a point 230 metres north-east of its commencement;

  • Work No. 18C – A road commencing at a point 625 metres south-east of the junction of Godwins Lane with Blithbury Road and terminating by a junction with Work No. 18 at a point 345 metres south-east of the junction of Godwins Lane with Blithbury Road;

  • Work No. 18D – A realignment of Uttoxeter Road and Blithbury Road commencing at a point 270 metres south-east of the junction of Godwins Lane with Blithbury Road and terminating at a point 60 metres east of that junction;

  • Work No. 19 – An access road commencing at a point 320 metres south of the junction of Godwins Lane with Blithbury Road and terminating at a point 440 metres south west of that junction. Work No. 19 includes a bridge over Work No. 17.

• Parishes of Mavesyn Ridware and Colton—

  • Work No. 20 – A diversion of Blithbury Road commencing at a point 230 metres north-west of the junction of that road with Godwins Lane and terminating at a point 90 metres east of the junction of Hollow Lane with Blithbury Road. Work No. 20 includes a bridge over Work No. 17.

• Parish of Mavesyn Ridware—

  • Work No. 20A – A diversion of Stonyford Lane commencing at a point 255 metres south-east of the junction of that lane with Footpath Colton 15 and terminating by a junction with Work No. 20 at a point 80 metres north-east of the junction of that lane with Footpath Colton 15.

• Parishes of Mavesyn Ridware and Colton—

  • Work No. 20B – A diversion of Hadley Gate Lane commencing by a junction with Work No. 20 at a point 450 metres north-west of the junction of Godwins Lane with Blithbury Road and terminating at a point 250 metres north of the junction of Hadley Gate Lane with Blithbury Road;

  • Work No. 20C – A diversion of Hadley Gate Lane commencing by a junction with Work No. 20B at a point 440 metres north-west of the junction of Godwins Lane with Blithbury Road and terminating at a point 70 metres north-east of its commencement.

• Parish of Colton—

  • Work No. 20D – A diversion of Blithbury Road commencing by a junction with Work No. 20 at a point 260 metres north-west of the junction of that road with Hollow Lane and terminating at a point 50 metres south-west of its commencement;

  • Work No. 21 – A bridge, over Work No. 17, commencing at a point 25 metres north-east of the junction of Footpath Colton 74 with Bridleway Colton 32 and terminating at a point 100 metres north-east of its commencement;

  • Work No. 22 – A diversion of Newlands Lane commencing at a point 35 metres north-east of the junction of Footpath Colton 19 with that lane and terminating at a point 75 metres north-east of the junction of Footpath Colton 30 with Footpath Colton 23. Work No. 22 includes a bridge over Work No. 17;

  • Work No. 22A – An access road commencing by a junction with Hollow Lane at a point 40 metres west of the junction of Footpath Colton 12 with that lane and terminating by a junction with Work No. 22 at a point 100 metres north-east of the junction of Footpath Colton 30 with Footpath Colton 23;

  • Work No. 22B – An access road commencing by a junction with Work No. 22 at a point 270 metres south-west of the junction of Footpath Colton 19 with Newlands Lane and terminating at a point 300 metres north-west of its commencement.

  • Work No. 22C – An access road commencing at a point 190 metres south of the junction of Footpath Colton 19 with Newlands Lane and terminating by a junction with Work No. 22 at a point 5 metres north of the junction of Footpath Colton 19 with Newlands Lane;

  • Work No. 22D – A temporary bridge over the River Blithe commencing at a point 230 metres north of the junction of Uttoxeter Road with Lichfield Road and terminating at a point 25 metres east of its commencement.

• District of Lichfield, Parish of Mavesyn Ridware and Borough of East Staffordshire, Parish of Abbots Bromley—

  • Work No. 22E – A temporary bridge over the Little Blithe commencing at a point 380 metres north-east of the junction of Uttoxeter Road with Lichfield Road and terminating at a point 25 metres north-east of its commencement.

• Borough of East Staffordshire, Parish of Abbots Bromley—

  • Work No. 22F – A temporary bridge over Ash Brook commencing at a point 150 metres east of the junction of Footpath Abbots Bromley 24 with Footpath Abbots Bromley 26 and terminating at a point 30 metres east of its commencement.

• District of Lichfield, Parish of Colton—

  • Work No. 24 – A realignment of Newlands Lane commencing at a point 130 metres north-west of the junction of that lane with High Street and terminating at a point 170 metres north of its commencement;

  • Work No. 24A – A diversion of Moor Lane commencing by a junction with Work No. 24 at a point 180 metres north-west of the junction of Newlands Lane with High Street and terminating at a point 15 metres north-east of the junction of Footpath Colton 51 with Moor Lane;

  • Work No. 24B – A realignment of Moor Lane commencing at a point 5 metres south-west of the junction of Footpath Colton 15 and that road and terminating at a point 10 metres west of the junction of Footpath Colton 54 with that road;

  • Work No. 25 – A diversion of a watercourse commencing at a point 110 metres south of the junction of Moor Lane with Newlands Lane and terminating at a point 280 metres west of its commencement;

  • Work No. 26 – A diversion of Uttoxeter Road commencing at a point 40 metres south-west of the junction of Lount Lane with that road and terminating at a point 245 metres south of the junction of Sherracop Lane with that road;

  • Work No. 26A – A road commencing by a junction with Work No. 26 at a point 120 metres north of the junction of Moor Lane with Uttoxeter Road and terminating at a point 480 metres north-east of the junction of Bridleway Colton 58 with Footpath Colton 59;

  • Work No. 26B – An access road commencing at a point 560 metres west of the junction of Footpath Colton 41 with Sherracop Lane and terminating by a junction with Work No. 26 at a point 450 metres south of the junction of Sherracop Lane with Uttoxeter Road;

  • Work No. 27 - A diversion of Moreton Brook commencing at a point 400 metres north-east of the junction of Bridleway Colton 58 and Footpath Colton 59 and terminating at a point 110 metres north-west of its commencement;

  • Work No. 28 – An access road commencing at a point 390 metres north-east of the junction of Bridleway Colton 58 and Footpath Colton 59 and terminating at a point 85 metres north of its commencement;

  • Work No. 29 – A temporary bridge over Moreton Brook commencing at a point 500 metres north-east of the junction of Bridleway Colwich 19 and Bridleway Colton 58 and terminating at a point 80 metres west of its commencement.

• Borough of Stafford, Parish of Colwich—

  • Work No. 30 – A realignment of Bishton Lane and an access road commencing at a point 280 metres south of the bridge carrying that lane over the West Coast Main Line and terminating at a point 5 metres south of the junction of Footpath Colwich 32 with Footpath Colwich 21. Work No. 30 includes a bridge over Work No. 17.

• Borough of Stafford, Parish of Colwich, District of Lichfield, Parish of Colton—

  • Work No. 30A – An access road commencing at a point 15 metres north-west of the junction of Bridleway Colton 58 and Bridleway Colwich 19 and terminating by a junction with Work No. 30 at a point 160 metres south-west of the junction of Bridleway Colwich 23 and Bridleway Colwich 19.

• Borough of Stafford, Parish of Colwich—

  • Work No. 30B – An access road commencing at a point 250 metres south-east of the junction of Footpath Colwich 32 with Footpath Colwich 21 and terminating at a point 165 metres south-west of that junction;

  • Work No. 31 – An access road commencing at a point 385 metres south-east of the junction of Bridleway Colwich 22 with Bridleway Colwich 23 and terminating at a point 220 metres south-west of its commencement. Work No. 31 includes a bridge over Work No. 17;

  • Work No. 32 – A diversion of a gas main commencing beneath a point 570 metres south of the junction of Tolldish Lane with Footpath Colwich 26 and terminating beneath a point 370 metres north of the junction of Tolldish Lane with the A51 Lichfield Road;

  • Work No. 33 – A diversion of a gas main commencing beneath a point 670 metres south of the junction of Tolldish Lane with Footpath Colwich 54 and terminating beneath a point 455 metres south-east of the junction of Bridleway Colwich 59 with the A51 Lichfield Road;

  • Work No. 34 – An access road commencing at a point 615 metres south-west of the junction of Footpath Colwich 54 with Tolldish Lane and terminating at a point 395 metres south-west of that junction;

  • Work No. 35 – A diversion of a fuel pipeline commencing beneath a point 690 metres south-east of the junction of Footpath Colwich 54 with Tolldish Lane and terminating at a point 325 metres north-west of the junction of Tolldish Lane with the A51 Lichfield Road;

  • Work No. 36 – A realignment of the A51 Lichfield Road commencing at a point 60 metres north-west of the junction of Tolldish Lane with that road and terminating at a point 385 metres north of its commencement;

  • Work No. 36A – A diversion of Tolldish Lane commencing at a point 495 metres south-west of the junction of Footpath Colwich 54 with that Lane and terminating by a junction with Work No. 36 at a point 260 metres north-west of the junction of that lane with the A51 Lichfield Road;

  • Work No. 36B – A temporary diversion of Tolldish Lane commencing at a point 320 metres south-west of the junction of Footpath Colwich 54 with that lane and terminating at a point 380 metres north of the junction of the A51 Lichfield Road with that lane;

  • Work No. 37 – A temporary bridge over the Macclesfield to Colwich Line commencing at a point 470 metres north-west of the junction of Tolldish Lane with the A51 Lichfield Road and terminating at a point 45 metres north-west of its commencement;

  • Work No. 38 – A temporary bridge over the Trent and Mersey Canal commencing at a point 330 metres south-east of the bridge carrying Hoo Mill Lane over the River Trent and terminating at a point 50 metres north-west of its commencement.

• Parishes of Colwich and Ingestre—

  • Work No. 39 – A temporary bridge over the River Trent commencing at a point 325 metres south-west of the bridge carrying Hoo Mill Lane over the Trent and Mersey Canal and terminating at a point 30 metres north-west of its commencement.

• Parish of Colwich—

  • Work No. 40 – A temporary bridge over the Trent and Mersey Canal commencing at a point 460 metres south-west of the bridge carrying Hoo Mill Lane over that canal and terminating at a point 35 metres west of its commencement.

• Parishes of Colwich and Ingestre—

  • Work No. 41 – A temporary bridge over the River Trent commencing at a point 480 metres south-west of the bridge carrying Hoo Mill Lane over the Trent and Mersey Canal and terminating at a point 35 metres north-west of its commencement.

• Parish of Ingestre—

  • Work No. 42 – A diversion of a gas main commencing beneath a point 200 metres south-east of the bridge carrying Hoo Mill Lane over the River Trent and terminating at a point 380 metres north-west of that bridge.

• Parish of Tixall—

  • Work No. 43 – A diversion of Hoo Mill Lane commencing at a point 110 metres north-east of the junction of Great Haywood Road with Ingestre Park Road and terminating at a point 20 metres north of that junction;

  • Work No. 43A – A realignment of Great Haywood Road commencing at a point 1120 metres south-west of the junction of Byway Open to all Traffic Ingestre 2 with Byway Open to all Traffic Ingestre 3 and that road and terminating at a point 230 metres east of the junction of Bridleway Tixall 1 with that road;

  • Work No. 43B – A realignment of Great Haywood Road commencing at a point 250 metres east of the junction of Tixall Village Road with that road and terminating at a point 25 metres south-west of that junction.

  • Work No. 43C – A temporary diversion of Great Haywood Road commencing at a point 30 metres south of the junction of Great Haywood Road with Ingestre Park Road and terminating at a point 150 metres south-west of that junction.

• Parishes of Ingestre and Tixall—

  • Work No. 44 – A diversion of a fuel pipeline commencing beneath a point 685 metres south of the junction of Byway Open to all Traffic Ingestre 2 with Byway Open to all Traffic Ingestre 3 and terminating beneath a point 365 metres north-east of the junction of Bridleway Tixall 0.1629 with Hanyards Lane.

• Parish of Ingestre—

  • Work No. 45 – An access road commencing at a point 435 metres south-west of the junction of Byway Open to All Traffic Ingestre 2 with Byway Open to All Traffic Ingestre 3 and terminating at a point 160 metres south-west of its commencement.

• Parishes of Ingestre and Tixall—

  • Work No. 46 – A diversion of a gas main commencing beneath a point 545 metres south-west of the junction of Byway Open to All Traffic Ingestre 2 with Byway Open to All Traffic Ingestre 3 and terminating beneath a point 600 metres south-east of the junction of Bridleway Tixall 0.1629 with Hanyards Lane;

  • Work No. 47 – A bridge over Work No. 17 commencing at a point 805 metres south-west of the junction of Byway Open to All Traffic Ingestre 2 with Byway Open to All Traffic Ingestre 3 and terminating at a point 770 metres north-east of the junction of Bridleway Tixall 0.1629 with Hanyards Lane.

• Parishes of Ingestre, Tixall, Hopton and Coton, Marston and Stone Rural—

  • Work No. 48 – A railway (9.00 kilometres in length) commencing by a junction with the termination of Work No. 17 at a point 835 metres south-east of the junction of Bridleway Tixall 0.1629 with Hanyards Lane and terminating at a point 1155 metres north-west of the junction of Yarlet Lane with the A34 Stone Road. Work No. 48 includes bridges over Works Nos. 50, 59 and 60.

• Parish of Tixall—

  • Work No. 49 – An access road commencing at a point 400 metres north-east of the junction of Bridleway Tixall 0.1629 with Hanyards Lane and terminating at a point 145 metres north-east of that junction. Work No. 49 includes a bridge over Work No. 48;

  • Work No. 49A – An access road commencing by a junction with Work No. 49 at a point 315 metres north-east of the junction of Bridleway Tixall 0.1629 with Hanyards Lane and terminating at a point 280 metres north-west of its commencement.

• Parish of Hopton and Coton—

  • Work No. 50 – An access road commencing at a point 465 metres south-east of the junction of Footpath Hopton and Coton 23 with the A518 Weston Road and terminating at a point 100 metres north-east of its commencement;

  • Work No. 51 – A diversion of the A518 Weston Road commencing at a point 60 metres north-east of the junction of Trent Walk with that road and terminating at a point 30 metres south-west of the junction of Footpath Hopton and Coton 23 with that road. Work No. 51 includes a bridge over Work No. 48;

  • Work No. 51A – An access road commencing at a point 340 metres south-east of the junction of Footpath Hopton and Coton 23 with the A518 Weston Road and terminating by a junction with Work No. 51 at a point 185 metres south-west of the junction of Footpath Hopton and Coton 23 with the A518 Weston Road;

  • Work No. 51B – An access road commencing by a junction with Work No. 51 at a point 100 metres south-west of the junction of Footpath Hopton and Coton 23 with the A518 Weston Road and terminating at a point 360 metres west of the junction of Footpath Hopton and Coton 23 with the A518 Weston Road;

• Parish of Hopton and Coton and Town of Stafford—

  • Work No. 51C – A widening of the south western side of the roundabout junction of Hydrant Way and the A518 Weston Road commencing at a point 90 metres south and terminating at a point 45 metres south-west of that junction.

• Parish of Hopton and Coton—

  • Work No. 52 – An access road commencing at a point 420 metres north-west of the junction of Footpath Hopton and Coton 23 with the A518 Weston Road and terminating at a point 170 metres south-west of its commencement. Work No. 52 includes a bridge over Work No. 48;

  • Work No. 53 – A footbridge over Work No. 48 commencing by a junction with Work No. 53A at a point 270 metres east of the junction of Hopton Lane with Sandon Road and terminating by a junction with Work No. 54B at a point 110 metres north-east of its commencement;

  • Work No. 53A – An access road commencing at a point 520 metres south-east of the junction of Hopton Lane with Sandon Road and terminating at a point 205 metres east of that junction;

  • Work No. 54 – A diversion of Sandon Road commencing at a point 370 metres south-west of the junction of Hopton Lane with that road and terminating at a point 195 metres north-east of the junction of Footpath Hopton and Coton 9 with Footpath Hopton and Coton 14. Work No. 54 includes a bridge over Work No. 48;

  • Work No. 54B – A diversion of Hopton Lane commencing at a point 295 metres west of the junction of Hopton Hall Lane with Footpath Hopton and Coton 14 and terminating by a junction with Work No. 54 at a point 900 metres south-east of the junction of Bridleway Hopton and Coton 11 with Bridleway Salt and Enson 8;

  • Work No. 54C – A diversion of Hopton Lane commencing at a point 100 metres south-east of the junction of that lane with Sandon Road and terminating by a junction with Work No. 54 at a point 230 metres west of its commencement;

  • Work No. 55 – An access road commencing at a point 150 metres west of the junction of Footpath Hopton and Coton 9 with Footpath Hopton and Coton 14 and terminating at a point 100 metres north-west of that junction;

  • Work No. 56 – An access road commencing at a point 160 metres south-west of the junction of Bridleway Hopton and Coton 12 with Bridleway Hopton and Coton 11 and terminating at a point 255 metres south-west of the junction of Bridleway Hopton and Coton 11 with Bridleway Salt and Enson 8. Work No. 56 includes a bridge over Work No. 48;

  • Work No. 56A – An access road commencing at a point 390 metres south-east of the junction of Bridleway Hopton and Coton 12 with Bridleway Hopton and Coton 11 and terminating at a point 100 metres north of that junction;

  • Work No. 57 – A diversion of a fuel pipeline commencing beneath a point 335 metres south-east of the junction of Bridleway Hopton and Coton 12 with Bridleway Hopton and Coton 11 and terminating beneath a point 270 metres north-west of that junction;

  • Work No. 58 – A diversion of a gas main commencing beneath a point 295 metres south-west of the junction of Bridleway Hopton and Coton 11 with Bridleway Salt and Enson 8 and terminating at a point 245 metres south-west of its commencement.

• Parish of Marston—

  • Work No. 59 – An access road commencing at a point 145 metres south-west of the junction of Bridleway Marston 8 with Marston Lane and terminating by a junction with Work No. 60 at a point 290 metres south-west of the junction of Footpath Marston 11 with Marston Lane;

  • Work No. 60 – A diversion of Marston Lane commencing at a point 115 metres south-west of the junction of Footpath Marston 11 with that road and terminating at a point 170 metres south-east of the junction of Footpath Marston 9 with Yarlet Lane;

  • Work No. 60A – A realignment of Marston Lane and Yarlet Lane commencing at a point 140 metres south of the junction of those roads and terminating at a point 30 metres north of that junction.

• Parishes of Marston and Creswell—

  • Work No. 60B – A realignment of Marston Lane commencing at a point 255 metres south of the junction of Yarlet Lane with that road and terminating at a point 595 metres south of its commencement.

• Parishes of Marston, Whitgreave and Stone Rural—

  • Work No. 61 - A realignment of the A34 Stone Road commencing at a point 120 metres south of the junction of Yarlet Lane with that road and terminating at a point 1410 metres north of its commencement. Work No. 61 includes a bridge over Work No. 48.

• Parishes of Marston and Whitgreave—

  • Work No. 61A - A temporary diversion of the A34 Stone Road commencing at a point 115 metres south-west of the junction of Yarlet Lane with that road and terminating at a point 845 metres north-east of its commencement.

• Parishes of Stone and Stone Rural—

  • Work No. 61B - A widening of the southern side of the A51 Stone Bypass, the north-eastern side of the A34 Stafford Road and the eastern side of the roundabout junction of those roads commencing at a point 170 metres east of the junction of the A51 Stone Bypass and the A34 Stafford Road and terminating at a point 190 metres south-east of that junction.

• Parish of Marston—

  • Work No. 61C – An access road commencing at a point 750 metres north of the junction of Yarlet Lane with the A34 Stone Road and terminating by a junction with Work No. 61 at a point 145 metres north-west of its commencement.

• Parish of Stone Rural—

  • Work No. 62 – A railway (6.00 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 48 at a point 190 metres east of the junction of Footpath Stone Rural 28 with Footpath Whitgreave 3 and terminating at a point 465 metres north-west of the underpass taking Footpath Stone Rural 33 beneath the M6 Motorway. Work No. 62 includes a bridge over Work No. 69 and viaducts over Works Nos. 67C, 67D and 70 and Filly Brook;

  • Work No. 63 – A diversion of a gas main commencing beneath a point 250 metres south-east of the junction of Footpath Stone Rural 28 with Footpath Whitgreave 3 and terminating beneath a point 305 metres north-east of its commencement.

• Parishes of Stone Rural and Whitgreave—

  • Work No. 64 –An access road commencing at a point 360 metres north of the junction of Footpath Stone Rural 28 with Footpath Whitgreave 3 and terminating at a point 300 metres south-west of that junction. Work No. 64 includes a bridge over Work No. 62.

• Parish of Stone Rural—

  • Work No. 65 – A diversion of Pirehill Lane commencing at a point 330 metres south-west of the junction of Footpath Stone Rural 31 with that lane and terminating at a point 220 metres north-east of its commencement. Work No. 65 includes a bridge over Work No. 62;

  • Work No. 66 – An access road commencing at a point 610 metres north-east of the underpass taking Footpath Stone Rural 32 beneath the M6 Motorway and terminating at a point 300 metres north-east of that underpass. Work No. 66 includes a bridge over Work No. 62;

  • Work No. 67 – A railway (2.86 kilometres in length), partly on viaduct, commencing by a junction with Work No. 62 at a point 540 metres north of the underpass taking Footpath Stone Rural 32 beneath the M6 Motorway and terminating at a point 160 metres north of that underpass taking Footpath Stone Rural 33 beneath the M6 Motorway. Work No. 67 includes a viaduct over Works Nos. 67C and 67D and Filly Brook, a bridge over Work No. 69 and stabling sidings;

  • Work No. 67A – A railway siding (1.32 kilometres in length), partly on viaduct, commencing at a point 470 metres north of the underpass taking Footpath Stone Rural 32 beneath the M6 Motorway and terminating by a junction with Work No. 67 at a point 290 metres north-east of the bridge carrying the M6 Motorway over the Norton Bridge to Stone railway.

• Parishes of Stone Rural and Chebsey—

  • Work No. 67B – A railway siding (1.86 kilometres in length) commencing by a junction with Work No. 67A at a point 170 metres east of the bridge carrying Eccleshall Road over the M6 Motorway and terminating at a point 420 metres south-east of the underpass taking Footpath Stone Rural 33 beneath the M6 Motorway. Work No. 67B includes bridges over Works Nos. 67D and 69 and depot buildings.

• Parish of Stone Rural—

  • Work No. 67C – A railway (1.84 kilometres in length) commencing by a junction with Work No. 67A at a point 170 metres east of the bridge carrying Eccleshall Road over the M6 Motorway and terminating by a junction with Work No. 67D at a point 395 metres south-west of the bridge carrying the Norton Bridge to Stone railway over the A34 The Fillybrooks;

  • Work No. 67D – A railway (1.56 kilometres in length), being a realignment of the Norton Bridge to Stone railway, commencing at a point 115 metres north-east of the bridge carrying the M6 Motorway over that railway and terminating at a point 25 metres south-west of the bridge carrying that railway over the A34 The Fillybrooks.

• Parishes of Stone Rural and Stone—

  • Work No. 68 – A diversion of Eccleshall Road commencing at a point 230 metres south-west of the junction of Common Lane with that road and terminating at a point 40 metres north-east of the bridge carrying Eccleshall Road over the M6 Motorway. Work No. 68 includes a bridge over Works Nos. 62, 67, 67A, 67B and 67C.

• Parish of Stone Rural—

  • Work No. 68A – An access road commencing at a point 490 metres north-east of the bridge carrying Eccleshall Road over the M6 Motorway and terminating by a junction with Work No. 68 at a point 50 metres north-west of its commencement;

  • Work No. 68B – An access road commencing by a junction with Work No. 68 at a point 470 metres north-east of the bridge carrying Eccleshall Road over the M6 Motorway and terminating at a point 75 metres north of its commencement.

• Parishes of Stone Rural and Swynnerton—

  • Work No. 69 – A diversion of Yarnfield Lane commencing at a point 5 metres south-east of the junction of Bridleway Swynnerton 39 with that lane and terminating at a point 105 metres north-east of the junction of Footpath Stone Rural 33 with that lane. Work No. 69 includes a bridge over Works Nos. 62, 67, 67B and 70.

• Parish of Swynnerton—

  • Work No. 69A – An access road commencing at a point 240 metres north-east of the junction of Bridleway Swynnerton 39 with Yarnfield Lane and terminating by a junction with Work No. 69 at a point 160 metres north-east of the junction of Bridleway Swynnerton 39 with Yarnfield Lane.

• Parish of Stone Rural—

  • Work No. 69B – A realignment of Yarnfield Lane commencing at a point 565 metres -south-west of the junction of that road with the A34 The Fillybrooks and terminating at a point 140 metres west of that junction.

• Parishes of Swynnerton and Stone Rural—

  • Work No. 70 – A realignment of the M6 Motorway commencing at a point 210 metres north-west of the bridge carrying that motorway over the Norton Bridge to Stone railway and terminating at a point 395 metres south-east of the bridge carrying Footpath Swynnerton 27 over that motorway;

  • Work No. 70A – An access road commencing by a junction with Work No. 69 at a point 275 metres north-east of the junction of Bridleway Swynnerton 39 with Yarnfield Lane and terminating by a junction with Work No. 70 at a point 120 metres north-west of the bridge carrying Yarnfield Lane over the M6 Motorway.

• Parish of Stone Rural—

  • Work No. 70B – An access road commencing by a junction with Work No. 69 at a point 120 metres north-east of the bridge carrying Yarnfield Lane over the M6 Motorway and terminating by a junction with Work No. 70 at a point 250 metres north-west of that bridge.

• Parishes of Stone Rural and Swynnerton—

  • Work No. 71 – A railway (4.5 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 62 at a point 845 metres south-east of the bridge carrying Footpath Swynnerton 27 over the M6 Motorway and terminating at a point 930 metres north-west of the junction of the A51 Stone Road and the A519 Newcastle Road; Work No. 71 includes a viaduct over the M6 Motorway and bridges over Works Nos. 72, 73, 74 and 80;

  • Work No. 72 – An access road commencing at a point 370 metres south-west of the junction of Footpath Stone Rural 36 with the A51 Stone Road and terminating at a point 220 metres north-east of the junction of Footpath Swynnerton 27 with Hall Lane.

• Parish of Swynnerton—

  • Work No. 72A – An access road commencing at a point 640 metres south-east of the bridge carrying Footpath Swynnerton 27 over the M6 Motorway and terminating by a junction with Work No. 72 at a point 250 metres south-west of that bridge;

  • Work No. 73 – An access road commencing at a point 680 metres north-west of the bridge carrying Footpath Swynnerton 27 over the M6 Motorway and terminating at a point 380 metres north-east of the junction of Footpath Swynnerton 17 with Hall Lane;

  • Work No. 74 – An access road commencing at a point 525 metres south-west of the junction of Tittensor Road with the A51 Stone Road and terminating at a point 205 metres south-west of that junction;

  • Work No. 75 – A diversion of Tittensor Road commencing at the junction of Stab Lane with that road and terminating by a junction with Work No. 78A at a point 520 metres west of the junction of Tittensor Road with the A51 Stone Road. Work No. 75 includes a bridge over Work No. 71;

  • Work No. 75A – An access road commencing at a point 175 metres north-east of the junction of Tittensor Road with Stab Lane and terminating by a junction with Work No. 75 at a point 45 metres north-west of its commencement;

  • Work No. 76A – A diversion of a gas main commencing beneath a point 300 metres west of the junction of Tittensor Road with the A51 Stone Road and terminating beneath a point 420 metres north of the junction of Stab Lane with Tittensor Road;

  • Work No. 77A – A diversion of a gas main commencing beneath a point 200 metres north-west of the junction of Tittensor Road with the A51 Stone Road and terminating beneath a point 270 metres west of that junction;

  • Work No. 78 – A realignment of the A519 Newcastle Road commencing at a point 100 metres north-east of the junction of the A51 Stone Road with that road and terminating at a point 350 metres south-west of the junction of Bottom Lane with the A519 Newcastle Road. Work No. 78 includes a bridge over Work No. 71;

  • Work No. 78A – A diversion of the A51 Stone Road commencing at a point 5 metres west of the junction of Tittensor Road with that road and terminating by a junction with Work No. 78 at a point 425 metres south-west of the junction of Bottom Lane with the A519 Newcastle Road;

  • Work No. 78B – A temporary diversion of the A519 Newcastle Road commencing at a point 190 metres north-east of the junction of the A51 Stone Road with that road and terminating at a point 220 metres south-west of the junction of Bottom Lane with the A519 Newcastle Road;

  • Work No. 78C - An access road commencing by a junction with Work No. 78 at a point 200 metres north-east of the junction of the A51 Stone Road with the A519 Newcastle Road and terminating at a point 315 metres north of its commencement. Work No. 78C includes a bridge over Work No. 71;

• Parish of Standon—

  • Work No. 78D – An access road commencing at a point 630 metres north-west of the junction of Mill Meece Marsh with the A519 Newcastle Road and terminating at a point 135 metres west of its commencement.

• Parish of Swynnerton—

  • Work No. 78E – An access road commencing by a junction with Work No. 78A at a point 300 metres west of the junction of Tittensor Road with the A51 Stone Road and terminating at a point 380 metres north-west of that junction;

  • Work No. 78F – A widening of the northern side of the A500 Queensway and the roundabout junction of that road with the A519 Clayton Road commencing at a point 320 metres north of the junction of Whitmore Road with the A519 Newcastle Road and terminating at a point 260 metres east of its commencement;

  • Work No. 78G – A widening of the western side of the A519 Newcastle Road commencing at a point 40 metres west of the junction of the A519 Newcastle Road with Whitmore Road and terminating at a point 200 metres north of its commencement;

  • Work No. 78H – A widening of the western side of the A519 Newcastle Road and its junction with the A5182 Whitmore Road commencing at a point 160 metres south-west of the junction of the A519 Newcastle Road with Whitmore Road and terminating at a point 120 metres north of its commencement;

  • Work No. 79 – A temporary bridge over Work No. 78A commencing at a point 420 metres north-east of the junction of the A519 Newcastle Road with the A51 Stone Road and terminating at a point 45 metres north-east of its commencement;

  • Work No. 80 – An access road beneath Work No. 71 commencing at a point 840 metres north west of the junction of the A51 Stone Road and the A519 Newcastle Road and terminating at a point 100 metres north-east of its commencement.

• Borough of Stafford, Parish of Swynnerton, Borough of Newcastle-under-Lyme, Parish of Whitmore—

  • Work No. 81 – A railway (6.00 kilometres in length) partly in tunnel and partly on viaduct commencing by a junction with the termination of Work No. 71 at a point 1000 metres north-east of the junction of Common Lane with the A51 Stone Road and terminating at a point 270 metres north of the junction of Footpath Whitmore 6 with Snape Hall Road. Work No. 81 includes a viaduct over Work No. 88A and bridges over Works Nos. 84 and 89.

• Borough of Stafford, Parish of Swynnerton—

  • Work No. 82 – An access road commencing at a point 855 metres north-east of the junction of Common Lane with the A51 Stone Road and terminating at a point 225 metres north-east of its commencement. Work No. 82 includes a bridge over Work No. 81;

  • Work No. 83 – An access road commencing at a point 1025 metres north-east of the junction of Common Lane with the A51 Stone Road and terminating at a point 80 metres north of its commencement;

  • Work No. 84 – A realignment of Common Lane commencing at a point 15 metres north-east of the junction of the A51 Stone Road with that lane and terminating at a point 1270 metres north of its commencement;

  • Work No. 85 – A bridge over Work No. 81 commencing at a point 1450 metres north of the junction of Common Lane with the A51 Stone Road and terminating at a point 55 metres north-east of its commencement;

  • Work No. 86 – A bridge over Work No. 81 commencing at a point 635 metres east of the junction of Dog Lane with the A51 The Rowe and terminating at a point 155 metres north-east of its commencement;

  • Work No. 87 – A diversion of Dog Lane commencing by a junction with Work No. 88 at a point 535 metres north-east of the junction of Dog Lane with the A51 The Rowe and terminating at a point 20 metres north-east of the junction of Dog Lane with the A51 The Rowe. Work No. 87 includes a bridge over Work No. 81;

  • Work No. 87A – A road commencing at a point 100 metres south-east of the junction of Dog Lane with the A51 The Rowe and terminating at a point 310 metres north of that junction.

• Borough of Stafford, Parish of Swynnerton, Borough of Newcastle-under-Lyme, Parish of Whitmore—

  • Work No. 88 – A diversion of Dog Lane and Bent Lane commencing at a point 830 metres north-east of the junction of Dog Lane with the A51 The Rowe and terminating at a point 640 metres north-east of the junction of Footpath Chapel and Hill Chorlton 5 with Chapel and Hill Chorlton 6.

• Borough of Newcastle-under-Lyme, Parish of Whitmore—

  • Work No. 88A – A diversion of Meece Brook commencing at a point 470 metres east of the junction of Footpath Chapel and Hill Chorlton 6 with Footpath Chapel and Hill Chorlton 5 and terminating at a point 60 metres north of its commencement.

• Borough of Stafford, Parish of Swynnerton—

  • Work No. 88B – A road commencing by a junction with Work No. 88 at a point 150 metres south-east of the junction of Shelton under Harley Lane with Bent Lane and terminating at a point 130 metres north of its commencement.

• Borough of Stafford, Parish of Swynnerton, Borough of Newcastle-under-Lyme, Parish of Whitmore—

  • Work No. 89 – An access road commencing by a junction with Work No. 90 at a point 175 metres north-east of the bridge carrying Footpath Whitmore 8 over the West Coast Main Line and terminating by a junction with Work No. 88 at a point 150 metres north-east of its commencement;

  • Work No. 90 – An access road commencing at a point 420 metres north of the junction of Dog Lane with the A51 The Rowe and terminating at a point 725 metres south-east of the junction of Footpath Chapel and Hill Chorlton 5 with Chapel and Hill Chorlton 6.

• Borough of Newcastle-under-Lyme, Parish of Whitmore—

  • Work No. 91 – A diversion of the A53 Newcastle Road commencing at a point 60 metres south-west of the bridge carrying that road over Meece Brook and terminating at a point 65 metres east of the junction of Common Lane with that road. Work No. 91 includes a bridge over Work No. 81;

  • Work No. 91A – A temporary diversion of the A53 Newcastle Road commencing at a point 60 metres south-west of the bridge carrying that road over Meece Brook and terminating at a point 105 metres east of the junction of Common Lane with that road;

  • Work No. 91B – An access road commencing by a junction with Work No. 91 at a point 295 metres east of the junction of Common Lane with the A53 Newcastle Road and terminating at a point 75 metres north of its commencement.

• Parish of Maer—

  • Work No. 91C - A diversion of the A51 Nantwich Road commencing at a point 85 metres east of the junction of that road with the A53 Newcastle Road and terminating at a point 175 metres south-west of that junction;

  • Work No. 91D - A road commencing at a point 75 metres south-west of the junction of the A51 Nantwich Road with the A53 Newcastle Road and terminating at a point 15 metres south-west of that junction.

• Parishes of Whitmore and Madeley—

  • Work No. 92 – A road commencing at a point 100 metres north-east of the junction of the A53 Newcastle Road with Coneygreave Lane and terminating at a point 100 metres north-west of the junction of Footpath Whitmore 6 with Footpath Madeley 14.

• Parish of Whitmore—

  • Work No. 92A – An access road commencing at a point 160 metres north-east of the junction of Footpath Whitmore 6 with Snape Hall Road and terminating at a point 160 metres south-west of its commencement;

  • Work No. 92C – An access road commencing at a point 535 metres north of the bridge carrying Footpath Whitmore 5 over the West Coast Main Line and terminating by a junction with Work No. 92 at a point 360 metres north-west of its commencement.

• Parishes of Whitmore and Madeley—

  • Work No. 93 – A railway (6.00 kilometres in length) partly in tunnel and partly on viaduct commencing by a junction with the termination of Work No. 81 at a point 470 metres north-east of the bridge carrying Footpath Whitmore 5 over the West Coast Main Line and terminating at a point 200 metres north-west of the junction of Footpath Madeley 28 with Bridleway Madeley 2. Work No. 93 includes a viaduct over Work No. 92, the West Coast Main Line, the Stoke to Market Drayton Railway, the Madeley Chord and the River Lea and a bridge over Work No. 104.

• Parish of Whitmore—

  • Work No. 94 – A temporary bridge over the West Coast Main Line commencing at a point 205 metres south-west of the junction of Footpath Whitmore 6 with Footpath Madeley 14 and terminating at a point 40 metres north-east of its commencement.

• Parish of Madeley—

  • Work No. 95A – An access road commencing at a point 365 metres north-west of the bridge carrying the Stoke to Market Drayton Railway over the West Coast Main Line and terminating at a point 370 metres west of its commencement;

  • Work No. 96 – An access road commencing at a point 420 metres north of the bridge carrying the Stoke to Market Drayton Railway over the West Coast Main Line and terminating at a point 235 metres north of its commencement;

  • Work No. 97 – A diversion of Manor Road commencing at a point 255 metres north-east of the junction of Footpath Madeley 15 with that road and terminating at a point 425 metres south of the junction of that road with the A525 Bar Hill Road. Work No. 97 includes a bridge over Work No. 93;

  • Work No. 97A – An access road commencing by a junction with Work No. 97 at a point 415 metres north-east of the junction of Footpath Madeley 15 with Manor Road and terminating at a point 145 metres north-east of its commencement;

  • Work No. 97B – A road commencing at a point 1075 metres north-east of the junction of Footpath Madeley 15 with Manor Road and terminating by a junction with Work No. 97 at a point 40 metres north of its commencement;

  • Work No. 98 – An access road commencing at a point 700 metres north-east of the junction of Footpath Madeley 15 with Manor Road and terminating at a point 185 metres north-west of its commencement;

  • Work No. 99 – An access road commencing at a point 800 metres north of the junction of Footpath Madeley 15 with Manor Road and terminating at a point 170 metres north of its commencement. Work No. 99 includes a bridge over Work No. 93;

  • Work No. 100 – An access road commencing at a point 625 metres south-west of the junction of Bridleway Madeley 1 with the A525 Bar Hill Road and terminating at a point 80 metres west of the bridge carrying the A525 Bar Hill Road over the West Coast Main Line. Work No. 100 includes a bridge over Work No. 93;

  • Work No. 101 – A diversion of the A525 Bar Hill Road commencing at a point 305 metres south-west of the junction of Footpath Madeley 24 with that road and terminating at a point 220 metres east of that junction. Work No. 101 includes a bridge over Work No. 93;

  • Work No. 101A – An access road commencing by a junction with Work No. 101 at a point 35 metres south-east of the junction of Footpath Madeley 24 with the A525 Bar Hill Road and terminating at a point 25 metres north-east of the junction of Footpath Madeley 24 with Footpath Madeley 26;

  • Work No. 101B – A realignment of the A525 Bar Hill Road commencing at a point 70 metres east of the junction of Footpath Madeley 64 with that road and terminating at a point 440 metres north-east of its commencement;

  • Work No. 101C – A realignment of the A525 Bar Hill Road commencing at a point 355 metres west of the junction of Footpath Madeley 64 with that road and terminating at a point 215 metres north-east of its commencement;

  • Work No. 101D – A realignment of the A525 Bar Hill Road commencing at a point 55 metres west of the junction of Footpath Madeley 46 with that road and terminating at a point 95 metres east of its commencement.

• County of Staffordshire, Borough of Newcastle-under-Lyme, Parish of Madeley and Unitary District of Shropshire, Parish of Woore—

  • Work No. 101E – A realignment of the A525 Bar Hill Road and the A525 Woore Road commencing at a point 35 metres south-west of the junction of Bridleway Woore 0236/30/1 with that road and terminating at a point 160 metres north-east of that junction.

• Unitary District of Shropshire, Parish of Woore—

  • Work No. 101F – A realignment of the A525 Newcastle Road and the A525 Woore Road commencing at a point 305 metres west of the junction of Footpath Woore 0236/28/1 with that road and terminating at a point 115 metres north-east of that junction;

  • Work No. 101G – A realignment of the A525 Newcastle Road commencing at a point 430 metres west of the junction of Footpath Woore 0236/28/1 with that road and terminating at a point 40 metres east of its commencement;

  • Work No. 101H – A realignment of the A525 Newcastle Road commencing at a point 180 metres east of the junction of Gravenhunger Lane with that road and terminating at a point 30 metres west of the junction of Aston Lane with that road.

• County of Staffordshire, Borough of Newcastle-under-Lyme, Parish of Madeley—

  • Work No. 102 – A bridge over Work No. 93 commencing at a point 305 metres south-west of the junction of Footpath Madeley 24 and Footpath Madeley 26 and terminating 90 metres north-east of its commencement;

  • Work No. 103 – A road commencing at a point 25 metres west of the junction of Footpath Madeley 53 with Bower End Lane and terminating at a point 475 metres south of the junction of Bridleway Madeley 5 with Footpath Madeley 28;

  • Work No. 104; - An access road beneath Work No. 93 commencing at a point 240 metres south-west of the junction of Footpath Madeley 28 with Bridleway Madeley 2 and terminating at a point 200 metres north-east of its commencement.

• County of Staffordshire, Borough of Newcastle-under-Lyme, Parish of Madeley, County of Cheshire, Borough of Cheshire East, Parishes of Checkley cum Wrinehill, Blakenhall, Chorlton and Basford—

  • Work No. 105 – A railway (6.67 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 93 at a point 455 metres east of the junction of Footpath Checkley cum Wrinehill 4 with Footpath Checkley cum Wrinehill 8 and terminating at a point 270 metres south of the bridge carrying Casey Lane over the West Coast Main Line. Work No. 105 includes a viaduct over the River Lea and Checkley Brook and a bridge over Work No. 111.

• County of Cheshire, Borough of Cheshire East, Parishes of Checkley cum Wrinehill and Blakenhall—

  • Work No. 106 – A railway (3.71 kilometres in length) partly on viaduct commencing by a junction with Work No. 105 at a point 200 metres north-east of the junction of Footpath Checkley cum Wrinehill 4 with Footpath Checkley cum Wrinehill 8 and terminating by a junction with Work No. 107 at a point 330 metres north-west of the bridge carrying Footpath Blakenhall 12 over the West Coast Main Line. Work No. 106 includes a viaduct over Work No. 105 and bridges over Works Nos. 111 and 116.

• Borough of Cheshire East, Parishes of Checkley cum Wrinehill, Blakenhall, Chorlton and Basford, Town of Crewe—

  • Work No. 107 – A railway (8.98 kilometres in length) partly on viaduct commencing by a junction with Work No. 105 at a point 200 metres north-east of the junction of Footpath Checkley cum Wrinehill 4 with Footpath Checkley cum Wrinehill 8 and terminating by a junction with the West Coast Main Line at a point 285 metres south-west of the junction of Cowley Way with Weston Road. Work No. 107 includes a viaduct over Work No. 112 and a bridge over Work No. 111.

• Parish of Checkley cum Wrinehill—

  • Work No. 108 – A diversion of Checkley Lane commencing at a point 240 metres south-west of the bridge carrying the West Coast Main Line over that lane and terminating at a point 160 metres north-east of the junction of Footpath Checkley cum Wrinehill 16 with that lane. Work No. 108 includes bridges over Works Nos. 105, 106 and 107.

• Parishes of Checkley cum Wrinehill and Blakenhall—

  • Work No. 108A – An access road commencing by a junction with Work No. 108 at a point 300 metres south-west of the bridge carrying the West Coast Main Line over Checkley Lane and terminating at a point 520 metres north-east of the junction of Footpath Checkley cum Wrinehill 16 with Checkley Lane.

• Parish of Checkley cum Wrinehill—

  • Work No. 108B – An access road commencing by a junction with Work No. 108A at a point 420 metres south-west of the bridge carrying the West Coast Main Line over Checkley Lane and terminating at a point 50 metres north of its commencement;

  • Work No. 108C – An access road commencing at a point 110 metres north-east of the junction of Footpath Checkley cum Wrinehill 5 with Checkley Lane and terminating by a junction with Work No. 108 at a point 45 metres north-east of its commencement.

• Parish of Blakenhall—

  • Work No. 109 – A diversion of a gas main commencing beneath a point 535 metres south of the junction of Bridleway Blakenhall 8 with Den Lane and terminating beneath a point 300 metres north-west of that junction;

  • Work No. 110 – A diversion of a gas main commencing beneath a point 390 metres south-west of the junction of Bridleway Blakenhall 8 with Den Lane and terminating beneath a point 330 metres north-west of that junction.

• Parishes of Checkley cum Wrinehill and Blakenhall—

  • Work No. 110A – A diversion of a fuel pipeline commencing beneath a point 45 metres south-east of the junction of Checkley Lane with Turncocks Lane and terminating beneath a point 100 metres south-west of the bridge carrying Bridleway Blakenhall 8 over the West Coast Mainline.

• Parish of Blakenhall —

  • Work No. 111 – A diversion of Den Lane and Wrinehill Road commencing at a point 510 metres south-east of the junction of that lane with Mill Lane and terminating at a point 35 metres north-west of that junction;

  • Work No. 111A – An access road commnecing at a point 365 metres south-west of the bridge carrying Den Lane over the West Coast Main Line and terminating by a junction with Work No. 111 at a point 365 metres north-west of its commencement.

• County of Staffordshire, Borough of Newcastle-under-Lyme, Parish of Betley, County of Cheshire, Borough of Cheshire East, Parish of Blakenhall –

  • Work No. 111B – An access road commencing at a point 90 metres south-east of the bridge carrying Den Lane over the West Coast Mainline and terminating at a point 60 metres east of the bridge carrying Bridleway Blakenhall 8 over the West Coast Main Line.

• County of Cheshire, Borough of Cheshire East, Parishes of Blakenhall, Chorlton and Basford—

  • Work No. 112 – A railway (5.06 kilometres in length) being a diversion of the West Coast Main Line commencing at a point 10 metres south-west of the bridge carrying Den Lane over the West Coast Main Line and terminating at a point 5 metres south of the bridge carrying Weston Lane over the West Coast Main Line.

• Parishes of Blakenhall and Chorlton—

  • Work No. 113 – A railway (2.24 kilometres in length) being a realignment of the West Coast Main Line commencing at a point 50 metres south-east of the bridge carrying Den Lane over that railway and terminating at a point 30 metres north-west of the bridge carrying Footpath Chorlton 3 over that railway.

• Parish of Blakenhall—

  • Work No. 114 – An access road commencing at a point 105 metres south-west of the bridge carrying Bridleway Blakenhall 8 over the West Coast Main Line and terminating at a point 285 metres north-east of its commencement. Work No. 114 includes a bridge over Works Nos. 112 and 113;

  • Work No. 115 – An access road commencing by a junction with Work No. 114 at a point 70 metres south-west of the bridge carrying Bridleway Blakenhall 8 over the West Coast Main Line and terminating by a junction with Work No. 116 at a point 405 metres south of the bridge carrying Footpath Chorlton 3 over the West Coast Main Line;

  • Work No. 116 – An access road commencing by a junction with Wrinehill Road at a point 240 metres north-west of the junction of Bridleway Blakenhall 12 with Wrinehill Road and terminating at a point 30 metres south-west of the bridge carrying that bridleway over the West Coast Main Line. Work No. 116 includes bridges over Works Nos. 105 and 112.

• Parishes of Blakenhall and Chorlton—

  • Work No. 116A – An access road commencing by a junction with Work No. 116 at a point 190 metres north-west of the bridge carrying Bridleway Blakenhall 12 over the West Coast Main Line and terminating at a point 515 metres south-east of the bridge carrying the West Coast Main Line over Chorlton Lane.

• Parish of Chorlton—

  • Work No. 117 – An access road commencing at a point 210 metres south-west of the bridge carrying Footpath Chorlton 3 over the West Coast Main Line and terminating by a junction with Work No. 118 at a point 210 metres south-west of the bridge carrying the West Coast Main Line over Chorlton Lane;

  • Work No. 117A – An access road commencing at a point 535 metres south of the bridge carrying the West Coast Main Line over Chorlton Lane and terminating by a junction with Work No. 117 at a point 65 metres north-east of its commencement;

  • Work No. 118 – A road commencing at a point 230 metres south-west of the bridge carrying the West Coast Main Line over Chorlton Lane and terminating at a point 200 metres west of the bridge carrying Newcastle Road over the West Coast Main Line;

  • Work No. 118A – An access road commencing at a point 390 metres west of the junction of Footpath Chorlton 9 with Chorlton Lane and terminating by a junction with Work No.118 at a point 110 metres north-east of its commencement;

  • Work No. 118B – An access road commencing at a point 330 metres south-west of the bridge carrying Newcastle Road over the West Coast Main Line and terminating by a junction with Work No. 118 at a point 60 metres east of its commencement;

  • Work No. 119 – A diversion of a gas main commencing beneath a point 360 metres north of the bridge carrying the West Coast Main Line over Chorlton Lane and terminating beneath a point 450 metres north-west of that bridge;

  • Work No. 120 – A footbridge over Works Nos. 105, 107, 112 and 121 and the West Coast Main Line commencing at a point 300 metres south of the bridge carrying Newcastle Road over the West Coast Main Line and terminating at a point 320 metres south-west of the junction of Chorlton Lane with Newcastle Road.

• Parishes of Chorlton and Basford—

  • Work No. 121 – A loop railway (1.35 kilometres in length) commencing by a junction with Work No. 107 at a point 330 metres north-west of the bridge carrying the West Coast Main Line over Chorlton Lane and terminating by a junction with Work No. 107 at a point 85 metres south-east of the bridge carrying Casey Lane over the West Coast Main Line;

  • Work No. 122 – A diversion of Newcastle Road commencing at a point 330 metres south-east of the junction of Chorlton Lane with that road and terminating at a point 40 metres south-west of the junction of Casey Lane with Back Lane. Work No. 122 includes a bridge over Works Nos. 105, 107, 112 and 121.

• Parish of Chorlton—

  • Work No. 122A – A road commencing at a point 260 metres south of the junction of Footpath Basford 8 with Casey Lane and terminating by a junction with Work No. 122 at a point 50 metres north-west of its commencement.

• Parishes of Chorlton and Basford—

  • Work No. 122B – A road commencing at a point 10 metres south of the junction of Chorlton Lane with Newcastle Road and terminating by a junction with Work No. 122 at a point 80 metres north-east of its commencement.

• Parish of Chorlton—

  • Work No. 123 – A road commencing at a point 145 metres east of the bridge carrying the West Coast Main Line over Newcastle Road and terminating at a point 80 metres west of its commencement.

• Parish of Basford—

  • Work No. 124 – An access road commencing at a point 260 metres south-west of the bridge carrying Casey Lane over the West Coast Main Line and terminating at a point 90 metres south-west of that bridge;

  • Work No. 125 – An access road commencing at a point 130 metres north-west of the bridge carrying Casey Lane over the West Coast Main Line and terminating at a point 50 metres west of the bridge carrying Weston Lane over the West Coast Main Line;

  • Work No. 126 – A road commencing by a junction with Work No. 122 at a point 255 metres north-east of the bridge carrying Newcastle Road over the West Coast Main Line and terminating at a point 170 metres east of the bridge carrying Weston Lane over the West Coast Main Line;

  • Work No. 126A – A diversion of Casey Lane commencing at a point 35 metres north-east of the bridge carrying that Lane over the West Coast Main Line and terminating by a junction with Work No. 126 at a point 195 metres north-east of that bridge.

• Parishes of Basford and Weston—

  • Work No. 127 – An access road commencing at a point 365 metres north-east of the junction of Footpath Basford 1 with Footpath Basford 2 and terminating at a point 825 metres north-west of that junction.

• Town of Crewe—

  • Work No. 128 – A railway (0.9 kilometres in length) commencing by a junction with the Crewe and Shrewsbury Railway at a point 750 metres south-east of the junction of Gresty Road with the A534 Nantwich Road and terminating by a junction with the Crewe to Manchester Line at a point 180 metres north-east of the junction of Gresty Road with the A534 Nantwich Road. Work No. 128 includes an extension and reconfiguration of Crewe station.

• Borough of Cheshire East, Parish of Haslington and Town of Crewe—

  • Work No. 129 – A railway (0.9 kilometres in length) being an improvement of the Crewe to Manchester Line commencing at a point 330 metres north-east of the bridge carrying that line over Maw Green Road and terminating at a point 630 metres north-north-east of its commencement.

• Town of Sandbach—

  • Work No. 130 – A railway (1.88 kilometres in length) being an improvement of the Crewe to Manchester Line commencing at a point 80 metres north-east of the bridge carrying that line over the Trent and Mersey canal and terminating at a point 290 metres north-east of the bridge carrying the A533 London Road over that line;

  • Work No. 131 – A footbridge over Work No. 130 commencing at a point 50 metres east of the junction of Clifton Road with Foundry Lane and terminating at a point 265 metres south-west of the junction of Station Road with the A533 London Road.

Section 2(4)

SCHEDULE 2Works

Authority to survey and investigate land etc

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

(a)survey or investigate land which is within the Act limits or which may be affected by the works authorised by this Act;

(b)take steps to protect or remove any flora or fauna on land which may be affected by the works authorised by this Act.

(2)The nominated undertaker may, in connection with the exercise of the powers under sub-paragraph (1), enter—

(a)land within the Act limits, or

(b)land which may be affected by the works authorised by this Act.

(3)The land referred to in sub-paragraph (2)(a) or (b) need not be the same as the land in relation to which the powers under sub-paragraph (1) are being or are to be exercised.

(4)The power under sub-paragraph (1)(a) includes power to monitor the effectiveness of landscaping or other measures which have been taken to mitigate the adverse effects of the construction, maintenance or operation of the works authorised by this Act.

(5)The following provisions of Part 7 of the Housing and Planning Act 2016 apply in relation to the exercise of the powers conferred by sub-paragraphs (1) and (2) 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 (notice of survey and copy of warrant);

• 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).

(6)In the application of the provisions specified in sub-paragraph (5)—

(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 any of the powers conferred by sub-paragraphs (1) and (2) 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 exercise the power in question.

Support of buildings and apparatus etc

2(1)The nominated undertaker may support or strengthen a building within 50 metres of any of the works authorised by this Act if—

(a)it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of the work, for the building to be supported or strengthened, and

(b)the nominated undertaker gives at least 8 weeks’ notice to the owners and occupiers of the building of its intention to support or strengthen it.

(2)If, within 21 days of the giving of a notice under sub-paragraph (1)(b), the person to whom the notice has been given gives to the nominated undertaker notice disputing that the condition in sub-paragraph (1)(a) is met, the dispute must be referred to arbitration.

(3)If—

(a)on a referral under sub-paragraph (2) the arbitrator decides that the condition in sub-paragraph (1)(a) is met, and

(b)one of the parties to the dispute so requires,

the arbitrator must prescribe how the supporting or strengthening is to be carried out.

(4)Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(5)In case of emergency, the power under sub-paragraph (1) or (4) is exercisable without notice.

(6)For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey—

(a)any building within 50 metres of any of the works authorised by this Act, or

(b)any land adjacent to such a building (but not any building on any such land).

(7)Before exercising the power under sub-paragraph (6), the nominated undertaker must give at least 14 days’ notice to the owners and occupiers of the building or land of its intention to enter and survey the building or land.

(8)The nominated undertaker may, in connection with the exercise of the power under this paragraph to support or strengthen a building, place and leave (temporarily or permanently) any equipment or material in, next to or under the building or on or under land in the vicinity of the building.

3(1)The nominated undertaker may, at any time within the permitted period, further support or strengthen a building which has been supported or strengthened under paragraph 2 if—

(a)it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of any of the works authorised by this Act, for the building to be further supported or strengthened, and

(b)the nominated undertaker gives at least 8 weeks’ notice to the owners and occupiers of the building of its intention further to support or strengthen it.

(2)In sub-paragraph (1), “the permitted period” is the period beginning with the completion of the supporting or strengthening under paragraph 2 and ending 5 years after the date on which the work which necessitated the supporting or strengthening was brought into general use.

(3)If, within 21 days of the giving of a notice under sub-paragraph (1)(b), the person to whom the notice has been given gives to the nominated undertaker notice disputing that the condition in sub-paragraph (1)(a) is met, the dispute must be referred to arbitration.

(4)If—

(a)on a referral under sub-paragraph (3), the arbitrator decides that the condition in sub-paragraph (1)(a) is met, and

(b)one of the parties to the dispute so requires,

the arbitrator must prescribe how the supporting or strengthening is to be carried out.

(5)Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work.

(6)In case of emergency, the power under sub-paragraph (1) or (5) is exercisable without notice.

(7)For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey—

(a)any building which has been supported or strengthened under paragraph 2, or

(b)any land adjacent to such a building (but not any building on any such land).

(8)Before exercising the power under sub-paragraph (7), the nominated undertaker must give at least 14 days’ notice to the owners and occupiers of the building or land of its intention to enter and survey the building or land.

(9)Paragraph 2(8) (power to place and leave equipment or material) applies for the purposes of this paragraph.

4(1)The nominated undertaker may, for a purpose mentioned in sub-paragraph (2), affix movement-measuring apparatus to a building within 50 metres of any of the works authorised by this Act on giving at least 8 weeks’ notice to the owners and occupiers of the building of its intention to do so.

(2)The purposes referred to in sub-paragraph (1) are—

(a)determining the extent of any movement in the building;

(b)determining the effectiveness of support or strengthening work in respect of the building under paragraph 2 or 3.

(3)In a case where movement-measuring apparatus is to be affixed inside a building, the notice under sub-paragraph (1) must state that fact.

(4)If, within 21 days of the giving of the notice under sub-paragraph (1), the person to whom the notice has been given gives to the nominated undertaker notice objecting to the affixing of movement-measuring apparatus (generally or in relation to how or where it is affixed), the question must be referred to arbitration.

(5)Where, on a referral under sub-paragraph (4), the arbitrator decides that movement-measuring apparatus may be affixed to the building, the arbitrator must, if the nominated undertaker or the person who made the objection so requires, prescribe how or where the affixing of the apparatus is to be carried out.

(6)Where the affixing of movement-measuring apparatus under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days’ notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the affixing.

(7)The nominated undertaker may—

(a)maintain, repair or alter the position of movement-measuring apparatus affixed under sub-paragraph (1);

(b)take readings or data from any such apparatus.

(8)In case of emergency, the power under sub-paragraph (1) or (6) is exercisable without notice.

(9)For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey—

(a)any building within 50 metres of any of the works authorised by this Act, or

(b)any land adjacent to such a building (but not any building on any such land).

(10)In this paragraph, “movement-measuring apparatus” means apparatus for use in measuring any movement in a building or the ground on which a building is erected.

5(1)The nominated undertaker may replace, support or strengthen apparatus belonging to a utility undertaker, or relevant pipe-line belonging to a person other than a utility undertaker, where—

(a)the apparatus or pipe-line is within 50 metres of any of the works authorised by this Act (“the relevant work”), and

(b)the conditions specified in sub-paragraph (2) are met.

(2)Those conditions are that—

(a)it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of the relevant work, for the apparatus or pipe-line to be replaced, supported or strengthened,

(b)the nominated undertaker gives at least 8 weeks’ notice to the owner of the apparatus or pipe-line of its intention to replace, support or strengthen it, and

(c)where the nominated undertaker proposes to replace the apparatus or pipe-line, the replacement apparatus or pipe-line is likely to operate at least as effectively as the apparatus or pipe-line which is proposed to be replaced.

(3)Paragraphs 2(2) to (8), 3 and 4 apply to the exercise of the power under sub-paragraph (1) as they apply to the exercise of the power under paragraph 2(1), subject to the modifications specified in sub-paragraph (4).

(4)Those modifications are that—

(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.

6(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

7(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

8(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

9(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

10(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

11(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);

(c)temporarily close a waterway mentioned in sub-paragraph (1), or a part of such a waterway, to navigation.

(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

12(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.

Section 2(5)

SCHEDULE 3Overhead line diversions

Section 3(2)

SCHEDULE 4Highways

PART 1Highway access

1(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 2Interference with highways

Stopping up

2(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;

(c)land the owners and occupiers of which have agreed to the stopping up of the highway or part;

(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).

3(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

(c)that the provision of an alternative bridleway or footpath is not required.

(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,

(c)a housing action trust established under Part 3 of the Housing Act 1988, and

(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

4(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

(c)in paragraph 6, the first reference to the acquiring authority were to the nominated undertaker.

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

5(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.”;

(c)subsection (3) were omitted.

(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

6(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

7(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

8(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;

(c)break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it);

(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—

  (a)

  the highway authority, in the case of the powers in sub-paragraph (1)(a) to (c);

  (b)

  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

9(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

(c)execute any works required for, or incidental to, any works authorised by paragraph (a) or (b).

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

10(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

11Any 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 3Construction and maintenance of highways

Construction and alteration

12(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.

13(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.

14(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

(c)any related matters.

(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.

18Where 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.

19Section 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).

20Notwithstanding 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

21Each 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.

Section 3(3)

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

Section 4(2)

SCHEDULE 6Acquisition of land for particular purposes

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.

Section 4(5)

SCHEDULE 7Acquisition of land: application of compulsory purchase legislation

Land Clauses Consolidation Act 1845 (c. 18)

1The Land Clauses Consolidation Act 1845 does not apply to 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,”,

(c)in subsection (4)(a), for “14 days” substitute “7 days”, and

(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—

“PART 4Interpretation

30In 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)

3In 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—

“3APreliminary notices

(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.

Section 5(2)

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