High Speed Rail (London - West Midlands) Act 2017
2017 c. 7 · Enacted 23 February 2017 · Extends to United Kingdom
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:—C1C2C3
Annotations to the whole text
Modifications
- C1
Act construed as one with S.I. 2018/693 (28.6.2018) by The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), art. 19
- C2
Act excluded (E.W.) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), art. 50(1)(h) (with art. 37)
- C3
Act excluded in part (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 3(1) (with arts. 4, 53)
Contents
- Works
- 1Power to construct and maintain works for Phase One of High Speed 2
- 2Further provision about works
- 3Highways
- Compulsory acquisition of land
- 4Power to acquire land compulsorily
- 5Acquisition of rights in land
- 6Acquisition of part of land Repealed
- 7Acquisition of airspace
- 8Acquisition of subsoil or under-surface
- 9Highway subsoil
- 10Termination of power to acquire land
- 11Amendments consequential on the Housing and Planning Act 2016
- Extinction and exclusion of rights over land
- 12Extinction of rights over land
- 13Extinction of rights of statutory undertakers
- 14Exclusion of new rights of way
- Temporary possession and use of land
- 15Temporary possession and use of land
- 16Use of roads
- 17Cranes
- 18Enforcement of restrictions on land use
- 19Compensation for injurious affection
- Planning
- 20Deemed planning permission
- 21Time limit on deemed planning permission
- 22Power to disapply deemed planning permission
- 23Parking at Birmingham Interchange: limit on deemed planning permission
- 24Development consent
- Deregulation
- 25Listed buildings
- 26Ancient monuments
- 27Burial grounds
- 28Consecrated land
- 29Commons and open spaces
- 30Trees
- 31Overhead lines
- 32Water
- 33Buildings
- 34Street works
- 35Traffic
- 36Lorries
- 37Noise
- 38Local Acts
- Railway matters
- 39Objectives of Office of Rail and Road
- 40Disapplication of licensing requirement in pre-operational phase
- 41Disapplication of statutory closure provisions
- 42Other railway legislation etc
- 43Co-operation
- 44Transfer of functions relating to works
- Nominated undertaker and other Phase One function-holders
- 45Nominated undertaker
- 46Transfer schemes
- Statutory undertakers
- 47Extension of planning permission for statutory undertakers
- 48Protective provisions
- Reinstatement and environmental works
- 49Compulsory acquisition of land for relocation
- 50Power to carry out reinstatement works
- 51Enforcement of environmental covenants
- Further high speed rail works
- 52Works in Scotland for Phase One purposes
- 53Power to apply Act to further high speed rail works
- 54Rights of entry for further high speed rail works
- 55Exercise of rights of entry
- Grants
- 56Grants for affected communities and businesses etc
- The Crown
- 57Application of powers to Crown land
- 58Highways for which Secretary of State is highway authority
- 59Crown Estate
- 60Royal parks
- Deposited plans and sections
- 61““Deposited plans”” and ““deposited sections””
- 62Correction of deposited plans
- Miscellaneous and general
- 63Environmental Impact Assessment Regulations
- 64Arbitration
- 65Notices and other documents
- 66Vocational qualifications
- Interpretation
- 67““Phase One purposes””
- 68Interpretation
- Final
- 69Financial provision
- 70Commencement and short title
- Schedule 1: Scheduled works
- Construction requirements
- 1Paragraph 1
- Description of scheduled works
- Paragraph
- Schedule 2: Works
- Part 1: Further and supplementary provisions
- Authority to survey and investigate land etc
- 1Paragraph 1
- Support of buildings
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Trees on neighbouring land
- 7Paragraph 7
- Discharge of water
- 8Paragraph 8
- Temporary interference with waterways
- 9Paragraph 9
- Electronic communications apparatus
- 10Paragraph 10
- Level crossings
- 11Paragraph 11
- Part 2: Exercise of powers of entry etc
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 3: Overhead line diversions
- Schedule 4: Highways
- Part 1: Highway access
- 1Paragraph 1
- Part 2: Interference with highways
- Stopping-up
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Permanent obstruction
- 5Paragraph 5
- Temporary interference
- 6Paragraph 6
- Street works
- 7Paragraph 7
- 8Paragraph 8
- Working sites in highways
- 9Paragraph 9
- Part 3: Construction and maintenance of highways
- Construction and alteration
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Maintenance
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Bridges carrying highways
- 18Paragraph 18
- Part 4: Tables relating to Part 2 of Schedule
- Paragraph
- Schedule 5: Acquisition of land for particular purposes
- Paragraph
- Schedule 6: Acquisition of land: application of compulsory purchase legislation
- Land Clauses Consolidation Act 1845 (c. 18)
- 1Paragraph 1
- Compulsory Purchase Act 1965 (c. 56)
- 2Paragraph 2
- Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)
- 3Paragraph 3
- Acquisition of Land Act 1981 (c. 67)
- 4Paragraph 4
- Schedule 7: Acquisition of rights in land: power to impose restrictive covenants
- Schedule 8: Land in which only rights may be acquired compulsorily
- Schedule 9: Acquisition of rights in land: application of compulsory purchase legislation
- Compulsory Purchase Act 1965 and compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- Compulsory Purchase (Vesting Declarations) Act 1981 and compensation enactments
- 3Paragraph 3
- 4Paragraph 4
- Schedule 10: Acquisition of part of land only Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Schedule 11: Land with restrictions relating to surface acquisition
- Restriction of power of compulsory acquisition to land under the surface
- 1Paragraph 1
- Restriction of power of compulsory acquisition to land under the surface or rights of passage
- 2Paragraph 2
- Supplementary
- 3Paragraph 3
- Schedule 12: Highways: restrictions on powers to use subsoil and acquire land
- Schedule 13: Right to require acquisition where time limit extended
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 14: Amendments consequential on the Housing and Planning Act 2016
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 15: Extinction of rights over land
- Land to which Schedule applies
- 1Paragraph 1
- Private rights
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- General rights
- 5Paragraph 5
- 6Paragraph 6
- Meaning of ““the appropriate time””
- 7Paragraph 7
- Amendments to registers of common land or town or village greens
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Schedule 16: Temporary possession and use of land
- Part 1: Temporary possession for construction of works
- Right to enter upon and take possession of land
- 1Paragraph 1
- Exceptions
- 2Paragraph 2
- Powers exercisable on land of which temporary possession has been taken
- 3Paragraph 3
- Procedure and compensation
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 2: Temporary possession for maintenance of works
- Right to enter upon and take possession of land
- 7Paragraph 7
- Procedure and compensation
- 8Paragraph 8
- Part 3: Suspension of rights and enforcement
- Suspension of rights relating to land
- 9Paragraph 9
- 10Paragraph 10
- Enforcement
- 11Paragraph 11
- 4Land which may be occupied and used for construction of works
- Schedule 17: Conditions of deemed planning permission
- Part 1: Conditions
- Introductory
- 1Paragraph 1
- Condition relating to building works
- 2Paragraph 2
- Condition relating to other construction works
- 3Paragraph 3
- Condition relating to matters ancillary to development
- 4Paragraph 4
- 5Paragraph 5
- Condition relating to road transport
- 6Paragraph 6
- Conditions relating to waste and soil disposal and excavation
- 7Paragraph 7
- 8Paragraph 8
- Conditions on bringing scheduled works and depots into use
- 9Paragraph 9
- 10Paragraph 10
- Condition relating to discontinuation of ancillary operations
- 11Paragraph 11
- Condition relating to site restoration
- 12Paragraph 12
- Part 2: Qualifying authorities
- Specification of qualifying authorities
- 13Paragraph 13
- Transition
- 14Paragraph 14
- Part 3: Approvals: supplementary
- Requests for planning approval
- 15Paragraph 15
- 16Paragraph 16
- Fees for requests for approval
- 17Paragraph 17
- Consultation on requests for approval
- 18Paragraph 18
- Directions restricting powers of approval
- 19Paragraph 19
- Compulsory reference of requests for approval
- 20Paragraph 20
- Non-material changes to approvals
- 21Paragraph 21
- Appeals
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Guidance by Secretary of State
- 26Paragraph 26
- Part 4: Supplementary and general
- Mayoral development corporations
- 27Paragraph 27
- 28Paragraph 28
- Regulations and orders
- 29Paragraph 29
- Interpretation
- 30Paragraph 30
- Schedule 18: Listed buildings
- Buildings authorised to be demolished, altered or extended
- 1Paragraph 1
- Buildings authorised to be altered or extended for heritage or monitoring purposes
- 2Paragraph 2
- Damage to buildings
- 3Paragraph 3
- Power to disapply provision made by paragraphs 1 to 3
- 4Paragraph 4
- Heritage partnership agreements
- 5Paragraph 5
- Inspection and observation of works
- 6Paragraph 6
- Recording of buildings
- 7Paragraph 7
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Tables
- Paragraph
- Schedule 19: Ancient monuments
- Disapplication of controls
- 1Paragraph 1
- 2Paragraph 2
- Power to disapply provision made by paragraphs 1 and 2
- 3Paragraph 3
- Inspection and observation of works etc
- 4Paragraph 4
- Interpretation
- 5Paragraph 5
- Schedule 20: Burial grounds
- Notice of removal of remains or monument
- 1Paragraph 1
- Removal of remains under licence
- 2Paragraph 2
- Removal of remains by nominated undertaker
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Removal of monuments
- 6Paragraph 6
- 7Paragraph 7
- Records
- 8Paragraph 8
- Discharge of functions by nominated undertaker
- 9Paragraph 9
- 10Paragraph 10
- Relatives and personal representatives
- 11Paragraph 11
- Schedule 21: Water
- Water abstraction and impounding
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Structures in, over or under a main river
- 4Paragraph 4
- Floods
- 5Paragraph 5
- Drainage
- 6Paragraph 6
- Communication with public sewers in London
- 7Paragraph 7
- Eels
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Schedule 22: Buildings
- Building regulations
- 1Paragraph 1
- Drain repairs
- 2Paragraph 2
- Drain disconnections
- 3Paragraph 3
- Raising of chimneys
- 4Paragraph 4
- Construction of cellars and rooms below subsoil water level
- 5Paragraph 5
- Interpretation
- 6Paragraph 6
- Schedule 23: Party walls etc
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 24: Street works
- Works in or near highways
- 1Paragraph 1
- Street works
- 2Paragraph 2
- Permit schemes
- 3Paragraph 3
- Schedule 25: Traffic regulation
- Traffic authority to consult Secretary of State before making traffic regulation order
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Power of Secretary of State to direct traffic authority to make traffic regulation order
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Further powers of Secretary of State (including in relation to variation or revocation of orders)
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Power to restrict traffic authority from making or implementing traffic regulation order
- 11Paragraph 11
- Consultation requirements applicable to Secretary of State
- 12Paragraph 12
- Guidance
- 13Paragraph 13
- Removal of vehicles
- 14Paragraph 14
- Interpretation
- 15Paragraph 15
- Schedule 26: Lorries
- Lorry ban orders
- 1Paragraph 1
- Required provision in lorry ban orders
- 2Paragraph 2
- Issue of emergency permits
- 3Paragraph 3
- 4Paragraph 4
- Grant of applications for permit
- 5Paragraph 5
- Supplementary interpretation
- 6Paragraph 6
- Schedule 27: Noise
- Control of noise on construction sites
- 1Paragraph 1
- Defences to proceedings relating to statutory nuisance
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 28: Local Acts
- London Squares Preservation Act 1931 (c. xciii)
- 1Paragraph 1
- London Overground Wires &c. Act 1933 (c. xliv)
- 2Paragraph 2
- London Building Acts (Amendment) Act 1939 (c. xcvii)
- 3Paragraph 3
- West Midlands County Council Act 1980 (c. xi)
- 4Paragraph 4
- Staffordshire Act 1983 (c. xviii)
- 5Paragraph 5
- Oxfordshire Act 1985 (c. xxxiv)
- 6Paragraph 6
- Greater London Council (General Powers) Act 1986 (c. iv)
- 7Paragraph 7
- Schedule 29: Application of other railway legislation etc
- Highway (Railway Crossings) Act 1839 (c. 45)
- 1Paragraph 1
- Railway Regulation Act 1840 (c. 97)
- 2Paragraph 2
- Railway Regulation Act 1842 (c. 55)
- 3Paragraph 3
- Railways Clauses Consolidation Act 1845 (c. 20)
- 4Paragraph 4
- Railways Clauses Act 1863 (c. 92)
- 5Paragraph 5
- Regulation of Railways Act 1889 (c. 57)
- 6Paragraph 6
- British Transport Commission Act 1949 (c xxix)
- 7Paragraph 7
- North Pole Depot
- 8Paragraph 8
- Schedule 30: Arbitration between railway operators
- Directions as to results to be achieved
- 1Paragraph 1
- Directions as to consolidation and grouping of proceedings
- 2Paragraph 2
- Schedule 31: Transfer schemes: further provision
- Property, rights and liabilities
- 1Paragraph 1
- 2Paragraph 2
- Transfer of employees and continuity of employment
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Provision for contraventions etc to be treated as not occurring
- 7Paragraph 7
- 8Paragraph 8
- Power to modify interests, rights and liabilities of third parties
- 9Paragraph 9
- 10Paragraph 10
- Obligations to enter into agreements or execute instruments
- 11Paragraph 11
- Supplementary provisions of schemes
- 12Paragraph 12
- Effect of scheme
- 13Paragraph 13
- Modification of scheme by agreement
- 14Paragraph 14
- Provision of information to person making scheme
- 15Paragraph 15
- Agreements relating to schemes
- 16Paragraph 16
- Power to make provision about tax consequences of schemes
- 17Paragraph 17
- Interpretation
- 18Paragraph 18
- Schedule 32: Extension of planning permission for statutory undertakers
- Case where planning permission extended
- 1Paragraph 1
- Condition of extended planning permission
- 2Paragraph 2
- Controls on proposed development
- 3Paragraph 3
- 4Paragraph 4
- Notices
- 5Paragraph 5
- Mayoral development corporations: regulations
- 6Paragraph 6
- Schedule 33: Protective provisions
- Part 1: Highways and traffic
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 2: Electricity, gas, water and sewerage undertakers
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Part 3: Electronic communications code networks
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Part 4: Canal & River Trust
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Part 5: Land drainage, flood defence, water resources and fisheries
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61