Law

High Speed Rail (West Midlands - Crewe) Act 2021

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In force since 2024-10-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 97 provisions
  1. Title and introductory text
  2. 1 Power to construct and maintain works for Phase 2a of High Speed 2
  3. 2 Further provision about works
  4. 3 Highways
  5. 4 Power to acquire land compulsorily
  6. 5 Acquisition of rights and imposition of restrictive covenants
  7. 6 Acquisition of airspace
  8. 7 Acquisition of subsoil or under-surface
  9. 8 Highway subsoil
  10. 9 Termination of power to acquire land
  11. 10 Extinction of rights over land
  12. 11 Extinction of rights of statutory undertakers
  13. 12 Exclusion of new rights of way
  14. 13 Temporary possession and use of land
  15. 14 Use of roads
  16. 15 Enforcement of restrictions on land use
  17. 16 Compensation for injurious affection
  18. 17 Deemed planning permission
  19. 18 Time limit on deemed planning permission
  20. 19 Power to disapply deemed planning permission
  21. 20 Development consent
  22. 21 Listed buildings and ancient monuments
  23. 22 Burial grounds
  24. 23 Consecrated land
  25. 24 Commons and open spaces
  26. 25 Trees
  27. 26 Overhead lines
  28. 27 Water
  29. 28 Buildings
  30. 29 Street works
  31. 30 Lorries
  32. 31 Noise
  33. 32 Local Acts
  34. 33 Community Infrastructure Levy
  35. 34 Objectives of Office of Rail and Road
  36. 35 Disapplication of licensing requirement in pre-operational phase
  37. 36 Disapplication of statutory closure provisions
  38. 37 Other railway legislation etc
  39. 38 Co-operation
  40. 39 Transfer of functions relating to works
  41. 40 Traffic
  42. 41 Nominated undertaker
  43. 42 Extension of planning permission for statutory undertakers
  44. 43 Protective provisions
  45. 44 Existing agreements
  46. 45 Compulsory acquisition of land for relocation of an undertaking
  47. 46 Power to carry out reinstatement works
  48. 47 Planning permission: works involving reinstatement of undertaking
  49. 48 Enforcement of environmental covenants
  50. 49 Power to apply Act to further high speed rail works
  51. 50 Application of powers to Crown land
  52. 51 Highways for which Secretary of State is highway authority
  53. 52 Crown Estate
  54. 53 “Deposited plans” and “deposited sections”
  55. 54 Correction of deposited plans
  56. 55 Environmental Impact Assessment Regulations: miscellaneous
  57. 56 Arbitration
  58. 57 Notices and other documents
  59. 58 Resumption of previous use of land
  60. 59 Ancient woodland
  61. 60 Consultation with residents and stakeholders in relation to Phase 2a of High Speed 2 and associated works
  62. 61 “Phase 2a purposes”
  63. 62 Interpretation
  64. 63 Financial provision
  65. 64 Commencement and short title
  66. SCHEDULE 1 Scheduled works
  67. SCHEDULE 2 Works
  68. SCHEDULE 3 Overhead line diversions
  69. SCHEDULE 4 Highways
  70. SCHEDULE 5 Highways: tables relevant to Part 2 of Schedule 4
  71. SCHEDULE 6 Acquisition of land for particular purposes
  72. SCHEDULE 7 Acquisition of land: application of compulsory purchase legislation
  73. SCHEDULE 8 Land where powers of acquisition are limited to acquisition of rights or imposition of restrictive covenants
  74. SCHEDULE 9 Acquisition of rights in land etc: application of compulsory purchase legislation
  75. SCHEDULE 10 Acquisition of rights in land: substituted Schedule 2A for Compulsory Purchase Act 1965
  76. SCHEDULE 11 Land where powers of acquisition are limited to sub-surface acquisition
  77. SCHEDULE 12 Highways: restrictions on powers to use subsoil and acquire land
  78. SCHEDULE 13 Right to require acquisition where time limit extended
  79. SCHEDULE 14 Extinction of rights over land
  80. SCHEDULE 15 Temporary possession and use of land
  81. SCHEDULE 16 Temporary possession and use of land: table of land
  82. SCHEDULE 17 Conditions of deemed planning permission
  83. SCHEDULE 18 Listed buildings
  84. SCHEDULE 19 Ancient monuments
  85. SCHEDULE 20 Burial grounds
  86. SCHEDULE 21 Water
  87. SCHEDULE 22 Buildings
  88. SCHEDULE 23 Party walls etc
  89. SCHEDULE 24 Street works
  90. SCHEDULE 25 Lorries
  91. SCHEDULE 26 Noise
  92. SCHEDULE 27 Local Acts
  93. SCHEDULE 28 Application of other railway legislation etc
  94. SCHEDULE 29 Arbitration between railway operators
  95. SCHEDULE 30 Traffic regulation
  96. SCHEDULE 31 Extension of planning permission for statutory undertakers
  97. SCHEDULE 32 Protective provisions

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97 provisions

Title and introductory text

High Speed Rail (West Midlands - Crewe) Act 2021 2021 c. 2 An Act to make provision for a railway between a junction with Phase One of High Speed 2, near Fradley Wood in Staffordshire, and a junction with the West Coast Main Line near Crewe in Cheshire; and for connected purposes. [11th February 2021] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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1 Power 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).

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2 Further 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.

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3 Highways

(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.

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4 Power 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.

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5 Acquisition 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.

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6 Acquisition 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).

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7 Acquisition 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.

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8 Highway 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.

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9 Termination 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).

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10 Extinction of rights over land

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

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11 Extinction 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.

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12 Exclusion 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.

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13 Temporary 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.

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14 Use 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.

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15 Enforcement 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.

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16 Compensation 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 ”.

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17 Deemed 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).

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18 Time 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).

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19 Power 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.

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20 Development consent

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

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21 Listed 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.

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

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23 Consecrated 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.

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24 Commons 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.

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25 Trees

(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.

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26 Overhead 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).

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27 Water

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

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28 Buildings

(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.

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29 Street works

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

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30 Lorries

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

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31 Noise

Schedule 26 contains provision about— (a) noise on construction sites, and (b) noise which constitutes a statutory nuisance.

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32 Local Acts

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

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33 Community 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.

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34 Objectives 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.

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35 Disapplication 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.

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36 Disapplication 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.

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37 Other railway legislation etc

Schedule 28 contains provision about the application of railway legislation.

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38 Co-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— the person having the management of the asset or facility for the time being, or 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.

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39 Transfer 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.

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