Clause 44 provides that the undertakings given to the Commonwealth War Graves Commission and the Archbishops’ Council in relation to the powers of the High Speed Rail (London - West Midlands) Act 2017 should apply in the same way to the phase 2a Bill.
Clause 45 enables the Secretary of State to promote a compulsory purchase order if he considers that the construction or operation of phase 2a of HS2 could cause the displacement of an undertaking. The land to be acquired could be used to relocate the undertaking or to provide land in substitution of land displaced. The clause further enables the Secretary of State to promote a compulsory purchase order to acquire land to relocate all or part of an undertaking where, as a result of the exercise of powers under the Bill, the former site is no longer reasonably capable of being used for the undertaking.
Subsections (3) to (6) and (8) provide that the normal process relating to compulsory purchase orders applies. Subsection (7) makes it clear that the Secretary of State can acquire rights or impose restrictive covenants for the benefit of another person, such as the person whose undertaking is being relocated. Subsection (10) amends the equivalent provision of section 49 of the 2017 Act, to make it clear that the Secretary of State can acquire rights or impose restrictive covenants under that section for the benefit of another person, such as the person whose undertaking is being relocated.
Clause 46 allows the nominated undertaker to carry out reinstatement works within the Bill’s limits on a property, including a business or facility, that has been discontinued or substantially impaired in whole or in part, following the exercise of any power under the Bill. This clause aims to assist those affected by the construction of HS2, by providing an efficient mechanism for moving properties such as businesses, and reducing the requirement for extinguishment.
Clause 47 allows the Secretary of State to direct that the deemed planning permission under clause 17(1) does not apply in relation to particular reinstatement works. That relates to works outside of the scope of the Bill, to which it would be inappropriate to apply deemed planning permission.