High Speed Rail (West Midlands - Crewe) Act 2021

JurisdictionUK Non-devolved
Citation2021 c. 2


High Speed Rail (West Midlands - Crewe) Act 2021

2021 Chapter 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.

[11 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:—

Works

Works

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

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)

(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)

(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)

(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).

S-2 Further provision about works

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)

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

(b)

(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)

(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)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

(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)

(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)

(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.

S-3 Highways

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)

(a) highway access;

(b)

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

(c)

(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

Compulsory acquisition of land

S-4 Power to acquire land compulsorily

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)

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

(b)

(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.

S-5 Acquisition of rights and imposition of restrictive covenants

5 Acquisition of rights and imposition of restrictive covenants

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

(a)

(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)

(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)

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

(b)

(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.”

S-6 Acquisition of airspace

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)

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

(b)

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

(c)

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

S-7 Acquisition of subsoil or under-surface

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)

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

(b)

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

(c)

(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.

S-8 Highway subsoil

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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT