Clause 5 - Acquisition of rights in land

High Speed Rail (London - West Midlands) Bill – in a Public Bill Committee at 10:00 am on 1 March 2016.

Alert me about debates like this

Question proposed, That the clause stand part of the Bill.

Photo of Robert Goodwill Robert Goodwill Parliamentary Under-Secretary (Department for Transport)

Clause 5 involves the acquisition of rights in land and provides the Secretary of State with the power to acquire rights in land, such as access over it, rather than the land itself, for the purpose of phase 1 of HS2.

Subsection (2) introduces schedule 7, which specifies land where restrictive covenants can be imposed for the protection of land above proposed tunnels and the preservation of ground reprofiling, as set out in column 3 of the table in the schedule. It will ensure that no future changes are made that detrimentally affect the ability to deliver, maintain or operate phase 1 of HS2.

Subsection (3) introduces schedule 8, which specifies land in which only rights may be acquired compulsorily. Such rights include the right of access and the right to install ground anchors. The clause give the Secretary of State the power to provide that a specified person may exercise the powers under the Bill to acquire rights or impose restrictive covenants, for example. It may be prudent to give a statutory undertaker the right to impose restrictions so that they can maintain their own equipment on that land.

Subsection (6) introduces schedule 9, which contains provisions about the application of compulsory purchase legislation in relation to the acquisition of rights over land or the imposition of restricted covenants. I commend the clause to the Committee.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Schedules 7 to 9 agreed to.