High Speed Rail (London - West Midlands) Act 2017

High Speed Rail (London - West Midlands) Act 2017 An Act to make provision for a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham; and for connected purposes. 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:— The nominated undertaker may construct and maintain the works specified in Schedule 1, being— works for the construction of Phase One of High Speed 2, and works consequent on, or incidental to, such works. In this Act, the works specified in Schedule 1 are called the ““scheduled works””. In this Act “"Phase One of High Speed 2”” means a railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham. The nominated undertaker may, for the purposes of or in connection with the scheduled works or otherwise for Phase One purposes, do any of the following within the Act limits— carry out and maintain railway electrification and signalling works; 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; construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or expedient; demolish the whole or part of any building or structure; alter or remove any structure erected upon any highway or adjoining land; alter, or alter the position of, railway track and any apparatus associated with railway track; alter, or alter the position of, other apparatus, including mains, sewers, drains and cables; alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses; carry out and maintain such other works, of whatever description, as may be necessary or expedient. Subsection (1) does not authorise the making of any cut for drainage purposes which is more than 3.4 metres wide at the bottom. The nominated undertaker may within the Act limits— 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 carry out and maintain works for the benefit or protection of land affected by any of the works authorised by this Act. Schedule 2 contains further and supplementary provision about works. 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. 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. Schedule 4 contains provision about— highway access; power to stop up and interfere with highways; construction and maintenance of highways. Subject to subsection (6), the Secretary of State may acquire compulsorily so much of the land within the Act limits as may be required for Phase One purposes. Schedule 5 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). 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)— as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies, and as if this Act were a compulsory purchase order under that Act. The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Act were a compulsory purchase order. Schedule 6 contains further provision about the application of compulsory purchase legislation. This section does not apply to Plot 91 or 91a in the Parish of Bickenhill in the Metropolitan Borough of Solihull, as shown on the deposited plans and in the deposited book of reference. In subsection (6), “"the deposited book of reference”” means the book deposited in November 2013 in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons. The power under section 4(1) includes power to acquire such easements or other rights over land to which the power relates as may be required for Phase One purposes, by— creating new easements or other rights, or acquiring easements or other rights already in existence. The terms of an easement created under subsection (1)(a) may include terms imposing a restrictive covenant for the purpose of making the easement effective. In the case of land specified in the table in Schedule 7, the power under section 4(1) also includes power to impose restrictive covenants over the land for the purposes specified in relation to the land in column (3) of the table. In the case of land specified in the table in Schedule 8, the power under section 4(1) may be exercised only so as to acquire rights for purposes specified in relation to the land in column (3) of the table. 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. The Secretary of State may by order provide that section 4(1), so far as relating to compulsory acquisition by virtue of this section, 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. The power to make an order under subsection (5) includes power to make an order varying or revoking any order previously made under that subsection. Schedule 9 contains provision about the application of compulsory purchase legislation to a compulsory acquisition by virtue of this section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The power under section 4(1) in relation to land may be exercised in relation to the airspace over the land only. The following do not apply in connection with the exercise of the power under section 4(1) in relation to airspace only— Schedule 2A to the Compulsory Purchase Act 1965 (counter-notice requiring purchase of land not in notice to treat); Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 (corresponding provision in case of general vesting declaration); section 153(4A) of the Town and Country Planning Act 1990 (blighted land: proposed acquisition of part interest; material detriment test). 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. 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— 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 manufactory. Schedule 11 contains provision which in certain cases restricts the power under section 4(1)— to the subsoil or under-surface of land, or to the subsoil or under-surface of land and rights of passage. 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. 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. In the case of land specified in the table in Schedule 12— the power under subsection (1) is not exercisable in relation to the subsoil of a highway comprised in the land, and 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. 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— the building is within the Act limits, and the power under section 4(1) is exercisable in relation to the building. 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. The restrictions imposed by subsections (3) and (5) on the power under subsection (1) do not affect the power under paragraph 7(1) of Schedule 4 (power of nominated undertaker to enter upon highway to carry out certain street works). The nominated undertaker must compensate any person who— is an owner or occupier of land in respect of which the power under subsection (1) is exercised, and suffers loss by the exercise of that power. 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. 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. After the end of the period of 5 years beginning with the day on which this Act is passed— 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 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). The Secretary of State may by order extend the period under subsection (1) in relation to any land, but may only do so— once, and by not more than 5 years. An order under subsection (2) is subject to special parliamentary procedure (as to which, see the Statutory Orders (Special Procedure) Act 1945). Schedule 13 contains provision about a right to require acquisition where an order is made under subsection (2). Schedule 14 contains amendments to this Act that are consequential on provision made by Part 7 of the Housing and Planning Act 2016 (compulsory purchase). Schedule 15 contains provision about the extinction of private and other rights over land. Sections 271 to 273 of the Town and Country Planning Act 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. In their application by virtue of subsection (1)— sections 271 to 273 of the Town and Country Planning Act 1990 have effect as if references to the acquiring or appropriating authority were to the nominated undertaker, and sections 271 and 272 of that Act also have effect as if— in subsection (2), for the words from ““with”” to ““appropriated”” there were substituted “ authorised by the High Speed Rail (London - West Midlands) Act 2017 ”, and in subsection (5), for the words from ““local”” to ““or undertakers”” there were substituted “ a person other than a Minister, the Minister ”. Any reference in the Town and Country Planning Act 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). In their application by virtue of subsection (3)— section 274(3) of the Town and Country Planning Act 1990 has effect as if for ““local authority or statutory undertakers”” there were substituted “ person ”, and 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. No right of way may be acquired by prescription or user over land which— forms an access or approach to any railway infrastructure, and falls within subsection (2). Land falls within this subsection if it is within the Act limits and— the land, or a right of way over the land, has been acquired under this Act, the land, or a right of way over the land, is acquired by the Secretary of State for Phase One purposes otherwise than under this Act on or after the day on which this Act comes into force, or the land, or a right of way over the land, was held by the Secretary of State for Phase One purposes immediately before that day. In subsection (1) “"railway infrastructure”” means any building, structure, railway track or other work used, or intended to be used, for Phase One purposes. Schedule 16 contains provisions about temporary possession and use of land in connection with the works authorised by this Act. The nominated undertaker may use any road situated on land specified in— the table in Schedule 8, or the table in paragraph 2 of Schedule 11, for the passage of persons or vehicles (with or without materials, plant or machinery) for Phase One purposes. The power under subsection (1) may not be exercised after the end of five years beginning with the date on which Phase One of High Speed 2 is brought into general use. 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. Any dispute as to a person's entitlement to compensation under subsection (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. The nominated undertaker may enter upon and use airspace above the surface of land specified in subsection (7) for the oversailing of cranes used by the nominated undertaker for Phase One purposes. The power under subsection (1) is exercisable on giving at least 7 days' notice to the owners and occupiers of the land. The nominated undertaker may not, without the agreement of the owners of the land, use airspace above the surface of the land as mentioned in subsection (1) after the end of 7 days beginning with the date of completion of the activities for which the crane has been used. The nominated undertaker must pay compensation to the owners and occupiers of land above which the power under subsection (1) is exercised for any loss which they may suffer by reason of the exercise of that power. Any dispute as to a person's entitlement to compensation under subsection (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. Nothing in this section affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under subsection (4). This is the land referred to in subsection (1)— This section applies where— a prohibition or restriction on 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 the covenant or agreement is made for Phase One purposes. 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— the Secretary of State were possessed of adjacent land, and the covenant or agreement had been expressed to be made for the benefit of such land. 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. 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 ”. Planning permission is deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the carrying out of development authorised by this Act. This is subject to the other provisions of this Act. 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— the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location, the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and the development is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill. Schedule 17 imposes conditions on deemed planning permission under subsection (1). Deemed planning permission under subsection (1) is specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990 (specific planning permission for development of statutory undertakers' land relevant to whether the land is operational land). 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 order replacing it). In relation to development consisting of the construction of a scheduled work, it is a condition of the deemed planning permission under section 20(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. The Secretary of State may, in relation to any such development, by order extend the period within which the development must be begun by virtue of this section. An order under subsection (2) must be made by statutory instrument; and a statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament. Section 91 of the Town and Country Planning Act 1990 (limit on duration of planning permission) does not apply to deemed planning permission under section 20(1). The Secretary of State may by order provide, in relation to any work constructed in exercise of the powers conferred by this Act, that section 20(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 order. The Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (or any order replacing that order) has effect in relation to any development excepted from section 20(1) by subsection (1) as if this Act were a local Act. An order under subsection (1) may make different provision for different cases. An order under subsection (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made. In the case of development consisting of the provision of parking at Birmingham Interchange (““relevant development””), section 20(1) only applies to development which, when taken together with any other relevant development which has deemed planning permission under section 20(1), does not involve— the provision of more than 7500 parking spaces for cars, and the provision of more than 5 parking spaces for coaches. Schedule 17 (planning conditions) does not apply to development to which subsection (1) applies. The deemed planning permission under section 20(1) for relevant development is to be treated for the purposes of the Development Management Procedure Order (and for no other purpose) as an outline planning permission in respect of which access, appearance, landscaping and layout (in each case as defined by that Order) are specified as reserved matters for the subsequent approval of the local planning authority. In this section— “"Birmingham Interchange”” means so much of the land within the Act limits as falls within the area bounded by— the A452 Chester Road to the east, the M42 to the west, and the A45 Coventry Road to the south; “"the Development Management Procedure Order”” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) (or any order replacing it); the reference to development consisting of the provision of parking does not include development consisting of— the provision of short-term parking for cars, taxis and coaches, or the provision of parking on working sites. The works authorised by this Act do not require consent under the Planning Act 2008 (development consent). Schedule 18 contains provision for the disapplication or modification of controls relating to listed buildings. Schedule 19 contains provision for the disapplication or modification of controls relating to ancient monuments. 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. 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. In this section and Schedule 20 “"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. 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. 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. 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— the doing of anything for Phase One purposes on land held by the Secretary of State or the nominated undertaker for those purposes, the exercise of any right of entry under this Act (or the doing of anything pursuant to such a right of entry), or the doing of anything in exercise of any other power under this Act. The enactments specified in subsection (2) do not apply to— 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 tree works which are carried out in relation to a tree growing on land used for Phase One purposes and are necessary— to enable works authorised by this Act to be maintained, or for reasons of safety in connection with such works or the operation of Phase One of High Speed 2. The enactments referred to in subsection (1) are— an order under section 198(1) or 202(1) of the Town and Country Planning Act 1990 and regulations under section 202A(1) of that Act (tree preservation orders), and section 211(1) and (5) of that Act (preservation of trees in conservation areas). 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. 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— the line is installed above land within the Act limits, and the installation of the line— is a work authorised by this Act, and has deemed planning permission under section 20(1). Where section 37(1) of the Electricity Act 1989 applies in relation to an electric line— the installation of which is a work authorised by this Act, or 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. The installation of an electric line by a person other than the nominated undertaker is to be treated for the purposes of subsection (1)— as a work authorised by this Act, and as having deemed planning permission under section 20(1), if, were it carried out by the nominated undertaker, it would be a work authorised by this Act and would have such permission. 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). In this section, “"electric line”” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64 of that Act). Schedule 21 contains provision about water abstraction and impounding and other matters related to water and drainage. Schedule 22 contains provision about the application of various provisions of the Building Act 1984 and building regulations. Schedule 23 contains provision about the application of the Party Wall etc Act 1996. Schedule 24 disapplies various controls relating to works in or near streets and highways. Schedule 25 contains provision relating to traffic regulation. Schedule 26 contains provision about the use of heavy commercial vehicles. Schedule 27 contains provision about— noise on construction sites, and noise which constitutes a statutory nuisance. Schedule 28 disapplies various controls under local Acts relating to London, Oxfordshire, Staffordshire and the West Midlands. 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 One of High Speed 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. This section ceases to have effect on such day as the Secretary of State may specify by order. An order under subsection (3) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made. 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 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 a train being used on a network where the network is a railway asset falling within paragraph (a). 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. 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). In this section “"network””, “"railway asset”” and “"train”” have the same meanings as in Part 1 of the Railways Act 1993. The Secretary of State may at any time before Phase One 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— the carrying out or proposed carrying out of works authorised by this Act, or the proposed operation of Phase One of High Speed 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). For the purposes of this section, Phase One 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. Schedule 29 contains provision about the application of railway legislation. Where the nominated undertaker considers that a matter affects— the construction, maintenance or operation of Phase One of High Speed 2, and the construction, maintenance or operation of a railway asset, or other railway facility, which is not a Phase One 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. Where a controller of a railway asset, or other railway facility, that is not a Phase One asset or facility considers that a matter affects— the construction, maintenance or operation of the asset or facility, and the construction, maintenance or operation of Phase One 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. 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. Schedule 30 contains provision about arbitration under subsection (3) (which is in addition to the general provision about arbitration in section 64). For the purposes of this section, a railway asset or other railway facility is a ““Phase One asset or facility”” if— in the case of a railway asset consisting of any train being used on a network, the network is comprised in Phase One of High Speed 2, and in any other case, if the railway asset or other railway facility is used, or intended for use, for Phase One purposes. Subsections (1) and (2) do not apply in relation to— a matter which pursuant to any enactment must or may be dealt with by the Office of Rail and Road, or 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. “"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 meanings as in Part 1 of the Railways Act 1993; “"railway facility”” includes a maintenance depot, electrical supply facility or stabling facility. 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— was previously exercisable by the railway operator, and was conferred under an enactment. 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. 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. 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. 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. In this section “"light maintenance depot””, “"network”” and “"station”” have the same meanings as in Part 1 of the Railways Act 1993. The Secretary of State may by order— appoint a person specified in the order as the nominated undertaker for such purposes of such provisions of this Act as may be so specified; provide that an appointment under paragraph (a) ceases to have effect in such circumstances as may be specified in the order. Where, in the case of any provision of this Act which refers to the nominated undertaker, there is any purpose of the provision for which no-one has been appointed as the nominated undertaker under subsection (1), any reference in the provision to the nominated undertaker is to be read, in relation to that purpose, as a reference to the Secretary of State. The Secretary of State may fetter the exercise of his or her discretion under subsection (1) by agreement with a person who is, or is proposed to be, specified in an order under that subsection. The Secretary of State may by order make such modifications of any provision of this Act referring to the Secretary of State, so far as applying for a purpose in relation to which subsection (2) has effect, as appear to the Secretary of State to be necessary or expedient in consequence of the Secretary of State's having functions by virtue of that subsection. An order under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient. An order under this section must be made by statutory instrument. A statutory instrument containing an order under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament. The Secretary of State may make schemes for the transfer of property, rights and liabilities— from High Speed Two (HS2) Limited, or from a body corporate which is a wholly-owned subsidiary of High Speed Two (HS2) Limited, to any person, including the Secretary of State. In subsection (1), “"wholly-owned subsidiary”” has the meaning given by section 1159 of the Companies Act 2006. Schedule 31 contains further provision about schemes made under this section. Schedule 32 contains provision about certain works carried out by statutory undertakers, including provision extending the planning permission granted by the Town and Country Planning (General Permitted Development) (England) Order 2015 for works covered by an environmental assessment. Schedule 33 contains provision protecting the interests of certain persons who may be affected by other provisions of this Act. If the whole or part of any undertaking is displaced, or is likely to be displaced, as a result of the exercise of any power under this Act, the Secretary of State may acquire land compulsorily— for the relocation of the undertaking, or in a case relating to part of an undertaking— for the relocation of the displaced part, or for the purpose of providing land in substitution for the site of the displaced part. For the purposes of subsection (1), the whole or part of an undertaking is displaced if the site on which it has previously been carried on is no longer reasonably capable of being used for the purposes of the undertaking. The Acquisition of Land Act 1981 applies to the compulsory acquisition of land under this section. In relation to a compulsory acquisition under this section— section 234 of TCPA 1990 (disposal of land) and section 236 of that Act (extinguishment of rights) apply as they apply where land is acquired as mentioned in those sections, sections 238, 239 and 241 of TCPA 1990 (use and development of consecrated land, burial grounds and open spaces) apply as if, in subsection (1)(a) of each of those sections, for ““for any purpose for which he acquired the land”” there were substituted “ , or by any other person, for any purpose for which the land was acquired ”, and section 245 of TCPA 1990 (modified application of Acquisition of Land Act 1981 and Compulsory Purchase Act 1965) applies as it applies where land is proposed to be acquired as mentioned in that section. Sections ... 238, 239 and 241 of TCPA 1990 also apply as mentioned in subsection (4)(b) and (c) where land is acquired by the Secretary of State, otherwise than under this section, for a purpose for which land may be acquired under this section. The power to acquire land compulsorily under this section includes power to acquire an easement or other right over land by creating a new easement or right. The power under this section, so far as relating to compulsory acquisition by virtue of subsection (6), includes power to acquire a right for the benefit of a person other than the Secretary of State. Section 13(2), (3) and (5) of, and Part 2 of Schedule 1 to, the Local Government (Miscellaneous Provisions) Act 1976 (application of compulsory purchase legislation) apply to a compulsory acquisition by virtue of subsection (6) as they apply to an acquisition of rights by virtue of section 13(1) of that Act. “"TCPA 1990”” means the Town and Country Planning Act 1990; “"undertaking”” includes a business or facility. The nominated undertaker may, where the operation or use of the whole or part of an undertaking is discontinued or substantially impaired as a result of the exercise of any power under this Act, carry out reinstatement works within the Act limits. For the purposes of this section, “"reinstatement works”” means works for the purposes of or in connection with the reinstatement (whether on the same site or otherwise) of the whole or part of the undertaking in question. Where the power under subsection (1) is exercised for the purpose of carrying out temporary reinstatement works, it may be further exercised for the purpose of carrying out permanent reinstatement works. The Secretary of State may direct that section 20(1) (deemed planning permission for development authorised by this Act) does not apply in relation to particular reinstatement works. Where a direction under subsection (4) has effect in relation to reinstatement works, the Secretary of State may direct— that planning permission for the works is deemed to be granted under Part 3 of the Town and Country Planning Act 1990, subject to such conditions as may be specified in the direction (but see subsection (8)); that, where the works have deemed planning permission under paragraph (a), subsection (1) is to be treated as also authorising them to be carried out by such person as may be specified in the direction. The provisions of the Town and Country Planning Act 1990 (other than section 92 and Part 12) apply in relation to deemed planning permission under subsection (5)(a) as if it had been granted by the Secretary of State on an application referred to the Secretary of State under section 77 of that Act. Section 21 (time limit on deemed planning permission) applies in relation to development authorised by subsection (5)(a) as it applies in relation to development consisting of the carrying out of a scheduled work. The power in subsection (5)(a) does not apply in relation to development which— is likely to have significant effects on the environment by virtue of factors such as its nature, size or location, is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill. The Secretary of State must— publish any direction under subsection (5)(a) in such manner as the Secretary of State thinks appropriate, and give copies of any such direction to— the owners and occupiers of the land to which the deemed planning permission relates, and the unitary authority or, in a non-unitary area, the district council in whose area the development to which the direction relates is or is to be carried out. But where— the unitary authority for the purposes of subsection (9)(b)(ii) is a London borough council, and as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for the area where the development to which the direction relates is or is to be carried out, the Secretary of State must give a copy of the direction to the Mayoral development corporation instead of the London borough council. The Secretary of State may make regulations modifying the operation of this section— in consequence of an order under section 198(2) of the Localism Act 2011 giving effect to a decision under section 204(2) of that Act (decision removing or restricting planning functions), or to make transitional provision relating to— an order mentioned in paragraph (a), a Localism Act TCPA order, or an order under section 217 of the Localism Act 2011 (order dissolving Mayoral development corporation). Regulations under subsection (11)— must be made by statutory instrument; may make different provision for different purposes. A statutory instrument containing regulations under subsection (11) is subject to annulment in pursuance of a resolution of either House of Parliament. Where reinstatement works are carried out by a person other than the nominated undertaker— 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 the works, as if for ““acquiring authority have”” there were substituted “ person carrying out the works has ”; section 6 of the Railways Clauses Consolidation Act 1845 (as applied by paragraph 4(1) of Schedule 29) has effect as if references to ““the company”” were to the person carrying out the works. Directions given under this section may revoke or vary previous directions under this section. In this section, “"undertaking”” includes a business or facility. a covenant relating to land is made between a person interested in the land (the ““promisor””) and the Secretary of State, the covenant imposes on the promisor— an obligation (which may be an obligation to make payments) relating to the carrying out, maintenance, protection or enhancement of relevant environmental works in respect of the land, or a prohibition of or restriction on the use of the land, for the purposes of the maintenance, protection or enhancement of relevant environmental works which have been carried out in respect of the land, and the covenant is made by an agreement (whether entered into before or after the day on which this Act is passed) which satisfies the requirements mentioned in subsection (6). a covenant to which this section applies is referred to as an “"environmental covenant””; an obligation, prohibition or restriction of a kind mentioned in subsection (1)(b) is referred to as a “"qualifying provision”” of an environmental covenant; “"relevant environmental works”” means— landscaping or other works to mitigate any adverse effects of the construction, maintenance or operation of any of the works authorised by this Act, or works for the restoration of land affected by any of the works authorised by this Act, and may include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals. The Secretary of State or an authorised person may enforce— a qualifying provision of an environmental covenant, and any ancillary obligation, prohibition or restriction imposed by the covenant on the promisor, against the promisor or persons deriving title from or under the promisor in respect of land (including Crown land) to which the covenant relates. In subsection (3), “"authorised person”” means a person authorised by the Secretary of State (whether generally or in specified circumstances) to exercise the power under that subsection. The reference in subsection (3)(b) to an ancillary obligation, prohibition or restriction imposed by an environmental covenant is a reference to an obligation, prohibition or restriction (other than one within subsection (1)(b)) which— relates to land or relevant environmental works to which the covenant relates, and is imposed— to enable works authorised by this Act or relevant environmental works to be maintained, or The agreement by which an environmental covenant is made must— describe the qualifying provision or provisions of the covenant and the relevant environmental works to which the covenant relates, identify the land to which the covenant relates, and be entered into by an instrument executed as a deed. Where, in the case of an environmental covenant, the Secretary of State authorises a person for the purposes of subsection (3), the Secretary of State must give notice of that to the person or persons against whom a qualifying provision of the covenant is enforceable at the time of the authorisation. An environmental covenant is a local land charge. Subsection (10) applies in the case of a breach of a qualifying provision of an environmental covenant by a person against whom the provision is enforceable. A court may award exemplary damages against the person if the court thinks it appropriate to do so in the circumstances. Exemplary damages may be awarded under subsection (10) whether or not another remedy is granted. The Scottish Ministers may make an order relating to the carrying out of works in Scotland for Phase One purposes. The following provisions apply in relation to an order under this section as to an order under section 1 of the Transport and Works (Scotland) Act 2007 (asp 8)— section 2 of, and schedule 1 to, that Act (which contain provision about the subject-matter of orders under section 1 of that Act); sections 3 to 10, 11(1), (2) and (4) to (7), 12 to 14, 16 to 21, 23 and 28 of that Act (which contain further provision relating to orders under section 1 of that Act); rules and regulations under that Act; orders under section 12(18) or 18(1) of that Act; section 57(2A) of, and paragraph 16 of Schedule 14 to, the Town and Country Planning (Scotland) Act 1997 (which contain provision relating to deemed planning permission and blighted land). References to provisions in subsections (2)(a) to (e) include those provisions as amended at any time by an Act of the Scottish Parliament or an instrument made under such an Act.

The power conferred by section 2(3)(a) of the Transport and Works (Scotland) Act 2007, as applied by subsection (2), is exercisable in relation to enactments relating to reserved matters without the restrictions imposed by section 29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998. In subsection (4), “"reserved matters”” means matters which are reserved matters for the purposes of the Scotland Act 1998. In this Act, references to works authorised by this Act do not include works authorised by an order under this section. A Transport and Works Act order which relates to a relevant Phase One matter may apply any provision of this Act, with or without modification, to anything authorised by the order, so far as relating to that matter. The following are ““relevant Phase One matters””— a power exercisable or to be exercisable in connection with the works authorised by this Act, an extension of Phase One of High Speed 2, and any other works carried out or to be carried out for Phase One purposes. A Transport and Works Act order which relates to an extension or works referred to in subsection (2)(b) and (c) may also provide for any provision of this Act to have effect as if Phase One of High Speed 2 included the extension or works. Section 13(2) of the Transport and Works Act 1992 (power of Secretary of State to refuse application on ground that objects of order sought could be achieved by other means) does not apply where, for purposes relating to the diversion of apparatus belonging to a utility undertaker, an application is made under section 6 of that Act for a Transport and Works Act order in relation to a relevant Phase One matter. Subsection (1) does not confer power to apply any of the following— section 10(2) and Schedule 13 (extension of time-limit on compulsory acquisition); Schedules 18 and 19 (listed buildings and ancient monuments). In this section, “"Transport and Works Act order”” means an order under section 1 of the Transport and Works Act 1992. An authorised person may, in connection with a Bill or proposed Bill to authorise works for a high speed railway line in Great Britain, enter any land within 500 metres of the proposed route of the line for the purpose of— surveying the land, or facilitating compliance with EU environmental protection legislation. A person is authorised for the purposes of subsection (1)— in the case of residential land, if the person is authorised by a warrant issued by a justice of the peace (for residential land in England and Wales) or justice of the peace or sheriff (for residential land in Scotland); in the case of any other land, if the person is authorised in writing by the Secretary of State. A person may only issue a warrant or give authorisation under subsection (2) if it appears to the person that— entry to the land for the purpose proposed is genuinely needed for purposes relating to the construction of the high speed railway line, and all reasonable attempts have been made to obtain consent to enter the land. The reference in subsection (1) to a proposed Bill is to a Bill proposed in a Command Paper which the Secretary of State has presented to Parliament at any time in the previous five years. A right to enter land under subsection (1) includes power— to take samples of anything in or on the land for the purpose for which the right of entry is exercised, to take on to the land such other persons as may be necessary, and to take vehicles and equipment on to the land. A right to enter land under subsection (1)(a) also includes power— to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it (subject to section 55), and to place on, leave on and remove apparatus from the land. “"EU environmental protection legislation”” means any EU instrument relating to— the conservation of habitats, flora and fauna, or the assessment of the effects of projects on the environment; “"residential land”” means so much of any land as consists of— a dwelling or part of a dwelling, a garden, yard, private garage or outbuilding which is used and enjoyed wholly or mainly with a dwelling, or in the case of a building which includes one or more dwellings, any part of the building which is used and enjoyed wholly or mainly with those dwellings or any of them. The reference in subsection (1) to a high speed railway line in Great Britain does not include one which starts, ends and remains in Scotland. For the purposes of subsection (1), distance is to be measured from the centre line of the proposed route. The Secretary of State may by order made by statutory instrument— amend subsection (1) so as to substitute a different distance for the distance specified in it; provide, in relation to any class of case, that subsection (1) is to have effect as if a different distance were specified in it. A statutory instrument containing an order under subsection (10)(a) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. If a draft of an instrument containing an order under subsection (10)(a) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument. A statutory instrument containing only an order under subsection (10)(b) is subject to annulment in pursuance of a resolution of either House of Parliament. A warrant or other authorisation under section 54 is valid for a period of six weeks beginning with the day on which it is issued or given. A right of entry under section 54(1) is exercisable at any reasonable time. A person authorised under section 54 to enter any land— must, if so required, produce evidence of the person's warrant or other authorisation, and state the purpose of entry, before entering, may not demand admission as of right to any land which is occupied unless 14 days' notice of the intended entry has been given to the occupier, and must comply with any other conditions subject to which the warrant or other authorisation is given. A person who wilfully obstructs another in the exercise of the power under section 54(1) commits an offence; and a person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Where any damage is caused to land or other property— in the exercise of a right of entry conferred by section 54(1), or in the carrying out of a survey for the purposes of which any such right of entry has been conferred, compensation may be recovered by any person suffering the damage from the person exercising the right of entry. Any dispute as to a person's entitlement to compensation under subsection (5), or as to the amount of compensation, must be determined— in England and Wales, under and in accordance with Part 1 of the Land Compensation Act 1961; in Scotland, by the Lands Tribunal for Scotland (and sections 9 and 11 of the Land Compensation (Scotland) Act 1963 apply). No person may carry out works referred to in section 54(6)(a) (searching and boring) unless notice of the person's intention to do so was included in the notice required by subsection (3)(b). The authority of the appropriate minister is required for the carrying out of works referred to in section 54(6)(a) if— the land in question is held by statutory undertakers, and they object to the proposed works on the ground that carrying them out would be seriously detrimental to the carrying on of their undertaking. “"appropriate minister”” means— in the case of land in Wales held by a water or sewerage undertaker, the Welsh Ministers, in the case of land in Scotland in respect of which any functions in relation to statutory undertakers have been transferred by or under the Scotland Act 1998 to the Scottish Ministers, the Scottish Ministers, and in any other case, the Secretary of State; “"statutory undertakers”” means— in England and Wales, persons who are, or who are deemed to be, statutory undertakers for the purposes of Part 11 of the Town and Country Planning Act 1990, and in Scotland, persons who are, or who are deemed to be, statutory undertakers for the purposes of Part 10 of the Town and Country Planning (Scotland) Act 1997. The Secretary of State may pay grants to contribute to the funding of activities or projects that are intended— to benefit communities that are, or are likely to be, disrupted by the carrying out of relevant high speed railway works, to benefit the environment in any area that is, or is likely to be, affected by the carrying out of such works, or to support businesses and other economic activities in areas that are, or are likely to be, disrupted by the carrying out of such works. “"Relevant high speed railway works”” means— the works authorised by this Act, and works in connection with a Bill or proposed Bill to authorise works for a high speed railway line connecting with Phase One of High Speed 2. The reference in subsection (2)(b) to a proposed Bill is to a Bill proposed in a Command Paper which the Secretary of State has presented to Parliament. The Secretary of State may determine the amount and the manner of payment of grants under this section. Grants under this section may be subject to conditions determined by the Secretary of State, such as— conditions as to the use of the grant; conditions as to the circumstances in which the whole or part of the grant must be repaid. The Secretary of State may delegate his or her functions under subsections (4) and (5) to another person. The powers conferred on the nominated undertaker under this Act may be exercised in relation to Crown land with the consent of the Crown authority. The power conferred under section 54 (rights of entry for further high speed rail works) may be exercised in relation to Crown land with the consent of the Crown authority. The Crown authority may give consent under this section— subject to conditions, and notwithstanding anything in any lease or other grant granted by or to that authority. In this Act, “"Crown land”” means land in which there is— an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department, an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder, an interest belonging to Her Majesty in right of the Crown, or an interest belonging to Her Majesty in right of the Duchy of Lancaster. In this Act, “"Crown authority””, in relation to any Crown land, means— in a subsection (4)(a) case, the government department in question; in a subsection (4)(b) case, the Scottish Ministers; in a subsection (4)(c) case— if the land forms part of the Crown Estate, the Crown Estate Commissioners, and in any other case, the government department having management of the land; in a subsection (4)(d) case, the Chancellor of the Duchy of Lancaster. If for the purposes of this section a question arises as to which authority is the Crown authority for any land— the question is to be decided by the Treasury, and the Treasury's decision is final. In subsection (4)(b) “"office-holder in the Scottish Administration”” has the meaning given by section 126(7) of the Scotland Act 1998. The powers conferred on the nominated undertaker under this Act with respect to works may be exercised in relation to a highway for which the Secretary of State is the highway authority with the Secretary of State's consent. The Secretary of State may give consent subject to conditions. Section 3(1) and (2) of the Crown Estate Act 1961 (limitations on Crown Estate Commissioners' powers of disposal in relation to land under their management) do not apply in relation to land within the Act limits which appears to the Crown Estate Commissioners to be required for Phase One purposes. The Secretary of State may grant a lease of royal park land within the Act limits if it appears to the Secretary of State that the land is required for Phase One purposes. A lease may be granted under subsection (1) for such period, for such consideration (if any) and otherwise on such terms as the Secretary of State thinks fit. The Secretary of State may grant an easement or other right over royal park land within the Act limits if it appears to the Secretary of State that the easement or right is required for Phase One purposes. An easement or other right may be granted under subsection (3)— in fee simple or for such period as the Secretary of State thinks fit, and for such consideration (if any) and otherwise on such terms as the Secretary of State thinks fit. In this section “"royal park land”” means land subject to management under section 22 of the Crown Lands Act 1851 (royal parks etc). In this Act ““deposited plans”” and ““deposited sections”” mean, respectively, the plans and sections deposited in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons. The plans and sections referred to in subsection (1) are— those deposited in November 2013, but excluding sheets 1-38 to 1-40, 2-23, 2-62, 3-66 to 3-68, 3-70, 3-71, 3-73, 4-42 to 4-49, 4-51 to 4-53, 6-62, 6-63 and 7-101 and as altered by— replacement sheets 2-30, 2-32, 2-42, 2-48, 2-70, 2-72, 2-94, 2-102, 3-009, 3-53 3-58, 3-107, 3-108, 3-110, 5-53, 5-54, 5-65 and 5-94 deposited in September 2014, replacement sheets 1-24, 1-46, 1-47, 2-03, 2-28, 2-29, 2-34, 2-36, 2-38, 2-50, 2-54, 2-55, 2-60, 2-63 to 2-66, 2-68, 2-69, 2-74, 2-75, 2-77, 2-79, 2-81, 2-82, 2-89, 2-95, 2-116, 3-001, 3-002, 3-004, 3-005, 3-12, 3-14 to 3-16, 3-18 to 3-21, 3-23, 3-28, 3-40 to 3-49, 3-51, 3-52, 3-57, 3-63 to 3-65, 3-69, 3-72, 3-74, 3-76, 3-82, 3-84, 3-90, 3-91, 3-112, 3-113, 4-64, 5-89, 5-90, 5-100, 5-109, 5-110, 5-112, 6-27 to 6-33, 6-55, 6-57 to 6-59, 6-70, 6-71, 6-79, 6-80, 6-85, 6-87, 6-91, 6-94 to 6-98, 6-99, 6-004, 6-009, 6-010, 7-02, 7-07 and 7-08 deposited in July 2015, replacement sheets 1-01, 1-02, 1-05, 1-06, 1-09, 4-01, 4-04 to 4-06 and 4-08A deposited in September 2015, replacement sheets 1-11, 1-14 to 1-16, 1-20, 1-21, 1-25, 1-26, 1-34, 1-35, 1-41, 1-42, 1-45, 1-48 to 1-50, 2-02, 2-08, 2-09, 2-10, 2-12, 2-16, 2-18, 2-22, 2-24 to 2-27, 2-33, 2-39 to 2-41, 2-46, 2-47, 2-56 to 2-58, 2-61, 2-83 to 2-88, 2-90, 2-92, 2-96 to 2-101, 2-103 to 2-105, 2-107 to 2-115, 3-003, 3-007, 3-22, 3-24 to 3-27, 3-29 to 3-32, 3-33 to 3-38, 3-56, 3-60, 3-75, 3-77, 3-80, 3-81, 3-101 to 3-103, 3-111, 3-114, 3-115, 3-116, 4-12, 4-17, 4-34, 4-55, 5-11, 5-12, 5-37, 5-56, 5-78, 5-91, 5-97, 5-99, 5-101, 5-104, 5-106 to 5-108, 5-111, 6-23, 6-49, 6-74, 6-75, 6-76, 6-106, 7-01, 7-05, 7-06, 7-204 and 7-213 deposited in October 2015, and replacement sheets 1-36, 2-01, 2-04, 2-05, 2-37, 2-52, 2-80, 3-008, 3-54, 3-55, 3-61, 3-62, 3-79, 4-79, 6-88 and 6-93, deposited in December 2015, sheets 5-113 and 5-114 deposited in September 2014, sheets 2-55A, 2-85A, 3-56B, 4-83, 4-84, 5-115 to 5-118, 8-01, 6-98A, 6-010A, 8-101 to 8-103, and 7-212 deposited in July 2015, sheets 3-32A, 3-115A, 4-85, 5-119, 5-120, 6-74A, 6-74B, 6-74C and replacement sheet 8-02 deposited in October 2015, and sheets 2-48A and 3-61A deposited in December 2015. A copy of the deposited plans or deposited sections, or any extract from those plans or sections, certified as such by the Secretary of State is admissible in any proceedings as evidence of its contents. If the deposited plans or the book of reference to those plans are inaccurate— in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than 10 days' notice to the owners and occupiers of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference. If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices— must certify accordingly, and must in their certificate state in what respect a matter is misstated or wrongly described. A certificate under subsection (2) must be deposited in the office of the Clerk of the Parliaments, and a copy of it must be deposited— in the Private Bill Office of the House of Commons, and with the proper officer of each local authority in whose area the land to which the certificate relates is situated. Upon deposit of the certificate— the deposited plans or the book of reference are deemed to be corrected according to the certificate, and it is lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or book of reference had always been in the corrected form. A copy certificate deposited under subsection (3) must be kept with the documents to which it relates. A justice of the peace may act under this section in relation to land which is partly in one area and partly in another if the justice may act in respect of land in either area. “"book of reference”” means the book deposited in November 2013 in connection with the High Speed Rail (London - West Midlands) Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, together with the books so deposited in September 2014 and July, September, October and December 2015; “"local authority”” means a unitary authority or, in a non-unitary area, a county council. The Environmental Impact Assessment Regulations have effect as if the definition of ““EIA development”” in regulation 2(1) included any development not included in paragraph (a) or (b) of the definition where— the development consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act, the development does not have deemed planning permission under section 20(1), the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location. The condition in subsection (1)(d) does not apply where the building referred to in subsection (1)(a) is— 22 Melton Street (Grant Thornton House), or 40 Melton Street (One Euston Square), in the London Borough of Camden. In regulation 8 of the Environmental Impact Assessment Regulations (subsequent applications where environmental information previously provided), in paragraph (1)(b)(ii), after ““Crossrail Act 2008”” insert “ or section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017 ”. Where under this Act any difference is to be referred to arbitration, the difference is to be referred to, and settled by, a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice to the other, by the President of the Institution of Civil Engineers. Subsection (3) applies where— a party has under subsection (1) applied for the arbitrator to be appointed by the President of the Institution of Civil Engineers, and the President notifies either of the parties that he or she is not going to appoint an arbitrator under subsection (1). In default of agreement between the parties as to who in the circumstances should be the arbitrator, the arbitrator is to be appointed on the application of either party, after notice to the other, by the Office of Rail and Road. The Office of Rail and Road may under subsection (3) appoint a member or employee of that Office as the arbitrator. The Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport acting jointly may by rules make provision about procedure in relation to arbitration under this Act. Rules under subsection (5) must be made by statutory instrument; and a statutory instrument containing such rules is subject to annulment in pursuance of a resolution of either House of Parliament. A notice or other document required or authorised to be given to a person for the purposes of this Act may be given by— transmitting the text of the notice or document to the person by agreed electronic means (for example, by email to an agreed address), delivering it to the person or sending it by post to the person at the person's last known address, if the person is a body corporate, delivering it to the secretary of the body corporate or sending it by post to the secretary of the body corporate at its registered or principal office within the United Kingdom, or if the person is a partnership, delivering it to a partner of the partnership or a person having control or management of the partnership business, or sending it by post to such a partner or person at the principal office of the partnership. For the purposes of subsection (1), any person to whom a notice or other document is to be given may specify a different address within the United Kingdom as the one to which the notice or document must be sent. Where a notice or document is given to a person in accordance with subsection (1)(a) and, within 7 days of receiving it, the person requests a copy of the notice or document in printed form, the sender must provide such a copy as soon as reasonably practicable. Subsection (1)(a) does not apply to the giving of a notice under section 55(3)(b). Subsection (6) applies where— a document is required or authorised to be given to a person for the purposes of this Act as the owner of an interest in, or occupier of, any land, and the person's name or address cannot be ascertained after reasonable enquiry. The document may be given to the person by addressing it to the person by name or by the description of ““owner”” or ““occupier”” (as the case may be) of the land and— leaving it with a person who is, or appears to be, resident or employed on the land, or leaving it conspicuously affixed to some building or object on or near the land. Any notice given for the purposes of this Act must be in writing. “"secretary””, in relation to a local authority within the meaning of the Local Government Act 1972, means the proper officer within the meaning of that Act; references to giving a document include similar expressions (such as serving). The Secretary of State must prepare a report on vocational qualifications obtained in each financial year in connection with HS2 construction. Each such report must contain an account of vocational qualifications gained by individuals employed in constructing the network referred to in section 1(1), in preparing for such construction, and in connected and ancillary activities, broken down by type of qualification and activity. Each such report must contain an overall assessment of the costs of vocational training for relevant qualifications and by whom such costs were incurred. In this section, “"financial year”” means— the period beginning with the day on which this Act is passed and ending with 31 March 2018; each subsequent period of 12 months. The Secretary of State must lay each report under this section before Parliament as soon as is reasonably practicable after the end of the financial year to which it relates. References in this Act to anything being done or required for ““Phase One purposes”” are to the thing being done or required— for the purposes of or in connection with the works authorised by this Act, for the purposes of or in connection with trains all or part of whose journey is on Phase One of High Speed 2, or otherwise for the purposes of or in connection with Phase One of High Speed 2 or any high speed railway transport system of which Phase One of High Speed 2 forms or is to form part. In this Act— “"Act limits”” is to be construed in accordance with subsection (2) of this section; “"allotment”” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act; “"bridleway””, “"carriageway””, “"footpath”” and “"footway”” have the same meanings as in the Highways Act 1980; “"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, or any other place of burial; “"common”” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882; “"covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill”” is to be construed in accordance with subsection (4) of this section; “"Crown authority”” has the meaning given by section 57(5); “"Crown land”” has the meaning given by section 57(4); ““deposited plans”” and ““deposited sections”” have the meanings given by section 61; “"deposited statement”” has the meaning given by subsection (5); “"development”” has the same meaning as in the Town and Country Planning Act 1990; “"enactment”” means either of the following (or a provision of either of the following)— an Act (including a local or private Act), or any subordinate legislation, within the meaning given by section 21 of the Interpretation Act 1978; “"Environmental Impact Assessment Regulations”” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824) (or any regulations replacing them); “"held”” is to be construed in accordance with subsection (3) of this section (in the case of a reference to land or a building held by the nominated undertaker); “"highway”” and “"highway authority”” have the same meanings as in the Highways Act 1980; “"limits of deviation”” means the limits of deviation which are shown on the deposited plans (which are the limits of deviation for the scheduled works); “"limits of land to be acquired or used”” means the limits of land to be acquired or used which are shown on the deposited plans; “"Localism Act TCPA order”” means an order under section 198(2)(c) of the Localism Act 2011 giving effect to a decision under section 202(2)(a) of that Act (decision that a Mayoral development corporation is to be the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990); “"Mayoral development corporation”” means a Mayoral development corporation established under section 198(2)(a) of the Localism Act 2011; “"nominated undertaker”” is to be construed in accordance with section 45; “"non-unitary area”” means an area for which there is both a district and a county council; “"open space”” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground; “"owner””, in relation to any land, has the same meaning as in Part 1 of the Acquisition of Land Act 1981 (but this does not apply to Schedule 13, which has its own definition); “"Phase One of High Speed 2”” has the meaning given by section 1(3); “"Phase One purposes”” is to be construed in accordance with section 67; “"scheduled works”” has the meaning given by section 1(2); “"strategic highways company”” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015; “"unitary authority”” means— a county council, so far as its area is not part of the area of a district council, a district council whose area is not part of the area of a county council, or a London borough council; “"utility undertaker”” means— a gas transporter within the meaning of Part 1 of the Gas Act 1986, the holder of a licence under Part 1 of the Electricity Act 1989, a water undertaker or sewerage undertaker, a local authority (within the meaning of the Water Industry Act 1991) which is a relevant authority for the purposes of section 97 of that Act, or the operator of an electronic communications code network (within the meaning given by paragraph 1(1) of Schedule 17 to the Communications Act 2003). For the purposes of this Act, land or any other thing is within the Act limits if it is— within the limits of deviation for the scheduled works, or within the limits of land to be acquired or used, and references to the doing of anything within the Act limits are to be construed accordingly. References in this Act to land or a building held by the nominated undertaker include references to land or a building in the nominated undertaker's temporary possession. For the purposes of this Act, development is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill if it is development in relation to which information contained in a deposited statement constituted, at the time of the statement's deposit or publication, an environmental statement within the meaning of the Environmental Impact Assessment Regulations. Each of the following is a “"deposited statement”” for the purposes of this Act— the statement deposited in connection with the High Speed Rail (London – West Midlands) Bill in the Private Bill Office of the House of Commons in November 2013 in pursuance of Standing Order 27A of the Standing Orders of the House of Commons relating to private business (environmental assessment); the statements containing additional environmental information published in connection with the High Speed Rail (London - West Midlands) Bill, notice of the publication of which was published in the London Gazette on 17 September 2014, 15 July 2015, 24 September 2015, 15 October 2015 and 7 December 2015. a reference to a highway or any other place identified by letters and numbers is a reference to the highway or place shown as such on the deposited plans; a reference to a work identified by numbers (or numbers and a letter) is a reference to the scheduled work of those numbers (or those numbers and letter); a reference to a sheet identified by numbers is a reference to the sheet of those numbers contained in the deposited plans; a reference in any description of works, powers or land to area, distance, length or direction, or to a particular location, is to be read as if qualified by the words ““or thereabouts””; a reference to distance, in relation to points on a road or railway, is to distance measured along the centre line of the road or railway. For the purposes of this Act, the level of the surface of land is to be taken— in the case of land on which a building is erected, to be the level of the surface of the ground adjoining the building, and in the case of a watercourse or other area of water, to be the level of the surface of the adjoining ground which is at all times above water level. There is to be paid out of money provided by Parliament— any expenditure incurred by the Secretary of State in consequence of this Act, and any increase attributable to this Act in the sums payable out of money so provided under any other enactment. This Act comes into force on the day on which it is passed (subject to subsection (2)). Section 11 and Schedule 14 (amendments to this Act consequential on the Housing and Planning Act 2016) come into force on such day or days as the Secretary of State may appoint by regulations made by statutory instrument. Regulations under subsection (2)— may include consequential, supplementary, incidental, transitional or saving provision; This Act may be cited as the High Speed Rail (London - West Midlands) Act 2017. The scheduled works must be constructed— in the lines or situations shown on the deposited plans, in accordance with the levels shown on the deposited sections, and in the case of any station, depot or shaft for which an upper limit is shown on the deposited sections, within the limit so shown. This is subject to sub-paragraph (2). In constructing or maintaining any of the scheduled works, the nominated undertaker may deviate— laterally to any extent from the lines or situations shown on the deposited plans, within the limits of deviation so shown, vertically downwards to any extent from the level shown for that work on the deposited sections, and vertically upwards to any extent not exceeding 3 metres from the level shown for that work on the deposited sections, but doing so in a case mentioned in sub-paragraph (1)(c) does not increase the limit referred to in that sub-paragraph. London Borough of Camden, City of Westminster, London Borough of Brent, Royal Borough of Kensington & Chelsea, London Boroughs of Hammersmith & Fulham, Ealing and Hillingdon-— Work No. 1/1 - A railway (23.48 kilometres in length) partly in tunnel, commencing at a point 235 metres east of the junction of North Gower Street with Drummond Street passing north-westwards and terminating beneath a point 80 metres north-west of the bridge carrying Ickenham Road over the Marylebone to Aylesbury Railway. Work No. 1/1 includes shafts at Cobourg Street, Mornington Street, Granby Terrace, Parkway, Adelaide Road, Alexandra Place, Canterbury Works and Greenpark Way, a station at Old Oak Common and a Crossover Box at Victoria Road. London Borough of Camden— Work No. 1/2 - A railway (2.16 kilometres in length) being a realignment of the West Coast Main Line Railway, partly in tunnel, commencing within Euston Station at a point 139 metres south of the junction of Eversholt Street with Drummond Crescent, passing north-westwards and terminating at a point 68 metres east of the eastern face of the bridge carrying Regents Park Road over the West Coast Main Line Railway; Works Nos. 1/1 and 1/2 include the reconfiguration and enlargement of Euston Mainline Station and London Underground Euston Station ticket hall; Work No. 1/3 - A passenger subway, linking the proposed London Underground Euston Station ticket hall to the London Underground Metropolitan Line platforms at Euston Square Station and incorporating a new passenger access in Gordon Street commencing beneath a point in Gordon Street 55 metres south-east of the junction of that road with Euston Road and terminating beneath a point 90 metres north of the junction of Euston Road with Gordon Street; Work No. 1/4 - A passenger subway commencing by a junction with the London Underground Metropolitan Line platforms at Euston Square Station beneath a point in Euston Road 85 metres north-east of the junction of that road with Gower Street and terminating by a junction with Work No. 1/3 beneath a point 5 metres south-east of the junction of Euston Road with Gordon Street; Work No. 1/4A - A passenger subway commencing by a junction with the London Underground Metropolitan Line platforms at Euston Square Station beneath a point in Euston Road 85 metres north-east of the junction of that road with Gower Street and terminating by a junction with Work No. 1/3 beneath a point 10 metres north-west of the junction of Euston Road with Gordon Street; Work No. 1/4B - A passenger subway linking the proposed London Underground Euston Station ticket hall to the London Underground Northern Line and Victoria Line platforms at Euston Station commencing beneath a point 100 metres west of the junction of Grafton Place and Eversholt Street, and terminating beneath a point 60 metres north east of the junction of Doric Way and Eversholt Street; Work No. 1/4C - A passenger subway linking the proposed London Underground Euston Station ticket hall to the London Underground Northern Line and Victoria Line platforms commencing beneath a point 125 metres west of the junction of Grafton Place and Eversholt Street, and terminating beneath a point 82 metres north east of the junction of Doric Way and Eversholt Street; Work No. 1/5 - An access road commencing by a junction with Euston Road at a point 10 metres north-east of the junction of that road with Gordon Street and terminating at a point at the junction of Eversholt Street and Grafton Place; Work No. 1/6 - A sewer forming a diversion of sewers in Cardington Street, Melton Street, Drummond Street, Euston Street and Stephenson Way commencing by a junction with Work No. 1/9B beneath a point in Euston Road 25 metres north-east of the junction of that road with Gordon Street, and terminating by a junction with a sewer in Robert Street beneath a point 20 metres west of the junction of that road with Hampstead Road; Work No. 1/7 - A diversion of Cobourg Street commencing at a point 70 metres south-east of its junction with Euston Street and terminating in Robert Street at a point 24 metres west of the junction of that street with Hampstead Road; Work No. 1/8A - A cycle track, commencing by a junction with Work No. 1/11 at a point 8 metres east of the junction of Hampstead Road with Varndell Street and terminating in Varndell Street at a point 32 metres west of that junction; Work No. 1/8B - A cycle track, commencing at a point 35 metres south of the junction of Melton Street and Euston Street and terminating at a point 20 metres south-east of the junction of Robert Street and Hampstead Road; Work No. 1/9 - A sewer forming a diversion of sewers in Chalton Street and Phoenix Road, commencing in Chalton Street beneath a point at the junction of Chalton Street with Euston Road and terminating by a junction with the termination of Work No. 1/9A beneath a point 3 metres west of the junction of Phoenix Road with Eversholt Street; Work No. 1/9A - A diversion of a sewer in Doric Way and Eversholt Street, commencing beneath a point 15 metres north-east of the junction of Doric Way with Eversholt Street and terminating by a junction with the termination of Work No. 1/9 beneath a point 3 metres west of the junction of Phoenix Road with Eversholt Street; Work No. 1/9B - A diversion of the Fleet Sewer in Euston Road, commencing beneath a point 30 metres north-east of the junction of Euston Road with Gower Street and terminating by a junction with that sewer beneath a point 18 metres west of the junction of Euston Road with Upper Woburn Place; Work No. 1/9C - A diversion of a sewer commencing beneath a point 90 metres north of the junction of Euston Road with Gordon Street and terminating by a junction with that sewer in Euston Square beneath a point 55 metres north-west of the junction of Euston Road with Upper Woburn Place; Work No. 1/10B – A road, commencing by a junction with Eversholt Street at a point 67 metres south-east of the junction of Aldenham Street and Eversholt Street and forming a loop with its termination at a junction with the centre line of the work at a point 20 metres south-west of its commencement; Work No. 1/11 - A realignment of Hampstead Road commencing at a point 65 metres south of its junction with Robert Street and terminating at a point 53 metres south of its junction with Harrington Square. Work No 1/11 includes a bridge over Works Nos. 1/1 and 1/2 and the West Coast Main Line Railway; Work No. 1/11C - A temporary bridge over Work No. 1/2 and the West Coast Main Line Railway commencing at a point 90 metres south-east of the junction of Granby Terrace with Harrington Street and terminating at a point 25 metres south-west of the junction of Hampstead Road with Granby Terrace; Work No. 1/11D – A road, commencing by a junction with the centre line of Work No. 1/11 at a point 8 metres east of the junction of the A400 Hampstead Road with Varndell Street and terminating at a point 182 metres north of its commencement. Work No. 1/11D includes a bridge over Work No. 1/1; Work No. 1/11E – A road, commencing within Euston Station at a point 75 metres north of the junction of Cardington Street with Drummond Street and terminating by a junction with the centre line of Work No. 1/11 at a point 180 metres north of the junction of the A400 Hampstead Road with Varndell Street; Work No. 1/11F – A temporary bridge, over the West Coast Main Line Railway and Work No. 1/2, commencing at a point 155 metres north of the junction of the A400 Hampstead Road with Varndell Street and terminating at a point 175 metres south-east of the junction of the A400 Hampstead Road with Mornington Crescent; Work No. 1/11G – A cycle track commencing by a junction with the centre line of Work No. 1/11, at a point 12 metres north-east of the junction of the A400 Hampstead Road with Varndell Street and terminating at a point 92 metres north east of its commencement. Work No. 1/11G includes a bridge over Work No. 1/1; Work No. 1/12 - A diversion of a sewer in Hampstead Road commencing beneath a point 5 metres north-west of the junction of Hampstead Road with Robert Street and terminating beneath a point 57 metres north of the junction of Hampstead Road with Varndell Street; Work No. 1/12A - A diversion of a sewer in Varndell Street and Harrington Street commencing by a junction with Work No. 1/12 beneath a point 4 metres east of the junction of Hampstead Road with Varndell Street and terminating beneath a point 50 metres north of the junction of Mackworth Street with Harrington Street; Work No. 1/12B - A diversion of a sewer in Mackworth Street, commencing beneath a point 16 metres east of the junction of Mackworth Street with Harrington Street and terminating beneath a point 37 metres east of the junction of Stanhope Street with Mackworth Street; Work No. 1/12C - A diversion of a sewer in Granby Terrace, commencing beneath a point 9 metres west of the junction of Stanhope Street with Granby Terrace and terminating beneath a point 30 metres west of the junction of Granby Terrace with Harrington Street; Work No. 1/12D - A diversion of a sewer in Mornington Terrace, commencing beneath a point 53 metres south east of the junction of Mornington Terrace with Mornington Street and terminating beneath a point 85 metres north-east of the junction of Park Village East with Mornington Street; Work No. 1/13 - A diversion of Granby Terrace commencing by a junction with Work No. 1/11 at a point 30 metres north of the junction of that road with Hampstead Road and terminating at a point 4 metres south-west of the junction of Granby Terrace with Stanhope Street. Work No. 1/13 includes a bridge over Works Nos. 1/1, 1/2 and the West Coast Main Line Railway; Work No. 1/14 - A realignment of parts of Harrington Square and Mornington Crescent, commencing at a point 40 metres south-west of the junction of Harrington Square with Lidlington Place and terminating at a point 48 metres north-west of the junction of Hampstead Road with Mornington Crescent. London Borough of Camden, City of Westminster, London Borough of Brent, Royal Borough of Kensington & Chelsea, London Boroughs of Hammersmith and Fulham, Ealing and Hillingdon— Work No. 1/15 - A railway (22.77 kilometres in length) partly in tunnel commencing by a junction with Works Nos. 1/1 and 1/16 at a point 40 metres north-east of the junction of Stanhope Street with Granby Terrace passing north westwards and terminating at a point 84 metres north-west of the bridge carrying Ickenham Road over the Marylebone to Aylesbury Line, and including shafts at Salusbury Road, Westgate, Greenpark Way, Mandeville Road and South Ruislip, a station at Old Oak Common and a crossover box at Victoria Road. Work No. 1/16 - A railway (0.57 kilometres in length) partly in tunnel commencing by a junction with Works Nos. 1/1 and 1/15 at a point 40 metres north-east of the junction of Stanhope Street with Granby Terrace passing north westwards and terminating at a point 52 metres south-west of the junction of Delancey Street with Mornington Terrace; Work No. 1/17 - A railway siding (0.50 kilometres in length) commencing at a point 81 metres north-east of the junction of Stanhope Street with Granby Terrace passing north westwards and terminating at a point 60 metres south-east of the junction of Delancey Street with Mornington Terrace; Work No. 1/17A – A railway (0.57 kilometres in length) being a reconstruction and realignment of ““Line X”” of the West Coast Main Line commencing at a point 85 metres north-east of the junction of Granby Terrace with Stanhope Street passing beneath the West Coast Main Line and terminating at a point 30 metres south of the junction of Parkway with Delancey Street; Work No. 1/18 -A water main commencing in Euston Road beneath a point 43 metres east of the junction of that road with Gordon Street and terminating at a point 270 metres to the north-west of the junction of Albany Street with Redhill Street; Work No. 1/18A - A water main commencing by a junction with the termination of Work No. 18 beneath a point 270 metres to the north-west of the junction of Albany Street with Redhill Street, and terminating beneath a point 105 metres south-west of the junction of Gloucester Avenue with Regent's Park Road; Work No. 1/19 - A reconstruction of the bridge carrying Mornington Street over Works Nos. 1/1, 1/2, 1/15, 1/16 and 1/17 and the West Coast Main Line Railway commencing at the junction of Park Village East with Mornington Street and terminating at the junction of Mornington Street with Mornington Terrace; Work No. 1/19A - A temporary bridge over Works Nos. 1/1, 1/2, 1/15, 1/16 and 1/17 and the West Coast Main Line Railway commencing on Park Village East at a point 152 metres south-east of the junction of that road with Mornington Street and terminating on Mornington Terrace at a point 160 metres south-east of the junction of that road with Mornington Street; Work No. 1/26 - A diversion of a sewer commencing in Parkway beneath a point 45 metres south west of the junction of Gloucester Avenue with Delancey Street and terminating beneath a point 25 metres west of that junction; Work No. 1/27 - A railway siding (0.89 kilometres in length), partly in tunnel, commencing by a junction with carriage siding and the West Coast Main Line at a point 22 metres south-east of the junction of Gloucester Avenue with Parkway and terminating at a point 44 metres east of the junction of King Henry's Road with Regent's Park Road; Work No. 1/28 - A diversion of a sewer commencing in Gloucester Avenue beneath a point 66 metres east of the junction of Regent's Park Road with Gloucester Avenue and terminating beneath a point 10 metres east of the junction of Oval Road with Gloucester Crescent; Work No. 1/29 - A diversion of a sewer in Princess Road and St Mark's Square commencing beneath the junction of Prince Albert Road with St Mark's Square and terminating in Gloucester Avenue beneath a point 48 metres east of the junction of Gloucester Avenue with Edis Street; Work No. 1/30 - An accommodation access road commencing by a junction with the roundabout at Juniper Crescent and terminating at a point 132 metres north west of its commencement; Work No. 1/31 - A diversion of a water main in Avenue Road commencing beneath a point 10 metres south-east of the junction of Avenue Road and Adelaide Road and terminating in Avenue Road beneath a point 174 metres north-west of that junction. City of Westminster and London Borough of Camden— Work No. 1/32 - A diversion of a water main in Abbey Road commencing beneath the junction of Abbey Road with Boundary Road and terminating beneath a point 33 metres south-east of the junction of Abbey Road with Belsize Road. Work No. 1/33 - A diversion of a sewer commencing beneath a point 118 metres north-east of the junction of Langtry Road with Kilburn Priory and terminating in Belsize Road beneath a point 10 metres north-east of its junction with Priory Terrace. London Borough of Brent— Work No. 1/34 - A diversion of a sewer commencing beneath a point 130 metres north of the junction of Gorefield Place with Chichester Road and terminating on Brondesbury Villas beneath a point 85 metres north-east of the junction of Hazelmere Road with Brondesbury Villas. Royal Borough of Kensington and Chelsea and London Borough of Hammersmith and Fulham— Work No. 1/35 - A railway siding (0.95 kilometres in length) commencing by a junction with the Great Western Main Line at a point 240 metres north-west of the bridge carrying Ladbroke Grove over that railway and terminating in North Pole Depot at a point 65 metres east of the termination of Mitre Way.

Work No. 1/35 includes a depot at North Pole sidings. Royal Borough of Kensington and Chelsea— Work No. 1/36 - A railway siding (0.30 kilometres in length) commencing in North Pole Depot at a point 344 metres west of the bridge carrying Ladbroke Grove over the Great Western Main Line and terminating at a point 170 metres north-east of the junction of Sutton Way with Dalgarno Way. Work No. 1/36 includes a depot at North Pole sidings. London Boroughs of Hammersmith and Fulham and Ealing— Work No. 1/37 - A realignment of the Great Western Main Line (2.66 kilometres in length) commencing by a junction with the commencement of Work No. 1/37C at a point 140 metres north east of the termination of Mitre Way and terminating at a point 35 metres east of the bridge carrying Horn Lane over the Great Western Main Line; Work No. 1/37A - A realignment of the Great Western Main Line (0.51 kilometres in length) partly on viaduct commencing by a junction with Work No. 1/37 at a point 341 metres south-east of the junction of Wells House Road with Old Oak Common Lane and terminating by a junction with that Work at a point 303 metres north-west of the junction of Wulfstan Street with Old Oak Common Lane; Work No. 1/37B - A railway (0.48 kilometres in length) commencing by a junction with Work No. 1/37 at a point 318 metres south-east of the junction of Wells House Road with Old Oak Common Lane and terminating at a point 216 metres south-west of that junction. Work No. 1/37B includes a bridge over Work No. 1/40. London Borough of Hammersmith & Fulham and Royal Borough of Kensington & Chelsea— Work No. 1/37C - A realignment of the Great Western Main Line (1.0 kilometres in length) commencing by a junction with the commencement of Work No. 1/37 and terminating by a junction with the Great Western Main Line at a point 160 metres north-west of the bridge carrying Ladbroke Grove over that line. London Borough of Hammersmith and Fulham— Work No. 1/38 - A diversion of a sewer commencing beneath a point 120 metres south-east of the bridge carrying Scrubs Lane over the Great Western Main Line and terminating in Scrubs Lane beneath a point 28 metres north of the bridge carrying that road over the Grand Union Canal; Work No. 1/39 – A diversion of a sewer commencing beneath a point 470 metres west of the bridge carrying the North London line over Hythe Road and terminating beneath a point 300 metres north-east of the junction of Braybrook Street with Wulfstan Street; Work No. 1/39A - An access tunnel commencing beneath a point 515 metres south-west of the junction of Hythe Road with Scrubs Lane and terminating beneath a point 227 metres north-west of the junction of Old Oak Common Lane with Victoria Road. London Borough of Ealing— Work No. 1/40 - A realignment of Old Oak Common Lane commencing at a point 100 metres north-west of its junction with Wulfstan Street and terminating at a point 184 metres north east of its junction with Wells House Road. Work No. 1/41 - A realignment of an access road commencing on that road at a point 60 metres south-east of the bridge carrying Old Oak Common Lane over the Great Western Main Line and terminating by a junction with Work No. 1/40 at a point 185 metres north west of the junction of Old Oak Common Lane with Wolfstan Street. Work No. 1/42 - An accommodation access road commencing on Old Oak Common Lane at a point 205 metres south of its junction with Wells House Road and terminating at a point 90 metres west of its commencement; Work No. 1/43 - A temporary bridge over the London Underground Central Line commencing at a point 120 metres west of the bridge carrying the Great Western Main Line over Old Oak Common Lane and terminating at a point 134 metres west of that bridge; Work No. 1/44 - A diversion of a sewer commencing beneath a point 50 metres north of the junction of Uneeda Drive with Greenford Road and terminating in Greenford Road beneath a point 100 metres north of the junction of Greenford Road with Rockware Avenue; Work No. 1/45 - An improvement of Wales Farm Road, Victoria Road and Old Oak Lane commencing at the junction of the A4000 with Wales Farm Road and terminating in Old Oak Lane at a point 96 metres north-east of the junction of Victoria Road with Old Oak Lane; Work No. 1/46 - A temporary conveyor for construction purposes commencing at a point 100 metres west of the junction of Bethune Road with Victoria Road and terminating in Willesden Euroterminal at a point 190 metres south of the junction of Bramshill Road with Harley Road; Work No. 1/47 - A temporary conveyor for construction purposes commencing by a junction with Work No. 1/46 at a point 275 metres north west of the junction of Victoria Road and Old Oak Lane and terminating in Willesden Euroterminal at a point 300 metres south east of the bridge carrying the Cricklewood Line over the Grand Union Canal (Paddington Branch); Work No. 1/48A - A temporary bridge over the Grand Union Canal (Paddington Branch) commencing at a point 350 metres south-east of the bridge carrying the Cricklewood Line over that Canal and terminating at a point 45 metres north east of its commencement; Work No. 1/49 - A temporary conveyor for construction purposes commencing in Willesden Euroterminal at a point 410 metres east of the bridge carrying the Cricklewood Line over the Grand Union Canal (Paddington Branch) and terminating by a junction with Work No. 1/46 at a point 84 metres north-east of that bridge. London Boroughs of Ealing and Brent— Work No. 1/50 - A realignment of a railway siding (1.08 kilometres in length) commencing at a point 388 metres south-east of the bridge carrying the Station Road over the West Coast Main Line and terminating in Willesden Euroterminal at a point 205 metres north of the bridge carrying the Cricklewood Line over the Grand Union Canal (Paddington Branch); Work No. 1/51 - A temporary conveyor for construction purposes commencing in Willesden Euroterminal at a point 155 metres south of the junction of Bramshill Road with Harley Road and terminating at a point 100 metres south east of the bridge carrying the Cricklewood Line over the Grand Union Canal (Paddington Branch). Work No. 1/52 - A railway siding (0.89 kilometres in length) commencing by a junction with the Willesden Relief Line at a point 265 metres north east of the termination of Waxlow Road and terminating at a point 60 metres south east of the bridge carrying the West Coast Main Line over the North Circular Road. Work No. 1/53 - A diversion of a sewer commencing in Alperton Lane beneath a point 18 metres west of the junction of Alperton Lane with Manor Farm Road and terminating in Western Avenue beneath a point 62 metres west of the junction of Western Avenue with Alperton Lane. Work No. 1/54 - A temporary realignment of the Wycombe Single Line (0.81 kilometres in length), commencing at a point 213 metres south-east of the termination of Rockware Avenue passing westwards and terminating at a point 10 metres west of the bridge carrying Greenford Road over that railway; Work No. 1/54A – A railway siding (0.72 kilometres in length) commencing by a junction with the Wycombe Single Line at a point 20 metres north-west of the bridge carrying Greenford Road over that line and terminating by a junction with that line at a point 240 metres south-east of the bridge carrying that line over the Grand Union Canal (Paddington Branch); Work No. 1/55 - A diversion of a sewer beneath the London Underground Central Line and the Wycombe Single Line commencing beneath a point 314 metres east of the junction of Belvue Road with Rowdell Road and terminating beneath a point 130 metres south-east of the junction of Carr Road with Cherry Gardens. London Borough of Hillingdon— Work No. 1/56 - A diversion of a sewer beneath the London Underground Central Line, the Wycombe Single Line and the Marylebone to Aylesbury Line commencing in Great Central Avenue beneath a point 11 metres east of the junction of that road with Cedar Avenue and terminating beneath a point 185 metres north-east of that junction; Work No. 1/57 - A diversion of a sewer beneath the London Underground Central Line and the Marylebone to Aylesbury Line commencing in Bridgewater Road beneath a point 10 metres north-east of the junction of that road with Carmichael Close and terminating beneath a point 165 metres north of the bridge carrying that railway over Bridgwater Road; Work No. 1/58 - A diversion of a sewer commencing beneath a point 66 metres north-east of the junction of Bedford Road with West End Road and terminating beneath a point 35 metres north of its commencement; Work No. 1/59 - A diversion of a sewer commencing beneath a point 60 metres south of the junction of West End Road with Bedford Road and terminating in West End Road beneath a point 5 metres south east of its junction with Sidmouth Drive; Work No. 1/60 - A realignment of a railway siding (0.30 kilometres in length) at West Ruislip Station commencing at a point 53 metres west of the bridge carrying Ickenham Road over the Marylebone to Aylesbury Line and terminating at a point 300 metres west of its commencement; Work No. 1/61 - A railway (2.27 kilometres in length), partly in tunnel commencing by a junction with the termination of Works Nos. 1/15 and 1/1 passing north westwards and terminating at a point 225 metres north of the junction of Harvil Road with Skip Lane. Work No. 1/61 includes a shaft at West Ruislip and bridges over the River Pinn and Breakspear Road South; Work No. 1/62 - A footbridge with ramps over Works Nos. 1/60, 1/61 and 1/63 commencing at a point 102 metres east of the junction of The Greenway with footpath U81 and terminating at a point 140 metres north-east of that junction; Work No. 1/63 - A temporary conveyor for construction purposes commencing at a point 150 metres north east of the junction of The Greenway with footpath U81 and terminating at a point 400 metres north west of the bridge carrying the Marylebone to Aylesbury Line over Breakspear Road South; Work No. 1/64 - A diversion of a watercourse in Ruislip Golf Course commencing at a point 80 metres north-east of the bridge carrying the Marylebone to Aylesbury Line over Ickenham Stream and terminating in the River Pinn at a point 52 metres north-east of the bridge carrying that railway over the River Pinn; Work No. 1/65 - A diversion of a sewer in Ruislip Golf Course commencing beneath a point 26 metres south west of the bridge carrying the Marylebone to Aylesbury Line over Ickenham Stream and terminating beneath a point 230 metres north-east of the termination of The Greenway; Work No. 1/66 - A temporary railway siding (1.87 kilometres in length) commencing by a junction with the Marylebone to Aylesbury Line at a point 36 metres east of the bridge carrying that railway over Ickenham Stream passing in a north-westerly direction and terminating at a point 196 metres north east of the bridge carrying Harvil Road over that railway. Work No. 1/66 includes bridges over the River Pinn and Work No. 1/67; Work No. 1/67 - A regrading of Breakspear Road South commencing at a point 8 metres west of the junction of that road with footpath U43 and terminating at a point 60 metres north of the junction of that road with Copthall Road West; Work No. 1/67A - A temporary footbridge over the River Pinn commencing at a point 35 metres south of the bridge carrying the Marylebone to Aylesbury Line over that river and terminating at a point 15 metres west of its commencement; Work No. 1/68 - An access road commencing on Breakspear Road South at a point 90 metres north-east of the junction of that road with footpath U46 and terminating on bridleway U42 at a point 124 metres north west of the junction of that road with footpath U46; Work No. 1/68A – An access road commencing by a junction with Work No. 1/68 at a point 95 metres north-west of the junction of Breakspear Road South with Bridleway U42 and terminating 260 metres west of its commencement; Work No. 1/69 - A temporary conveyor for construction purposes commencing by a junction with Work No. 1/63 at a point 200 metres north west of the bridge carrying the Marylebone to Aylesbury Line over Breakspear Road South and terminating by a junction with the commencement of Work No. 1/71 at a point 220 metres west of that bridge; Work No. 1/70 - A temporary conveyor for construction purposes commencing by a junction with the termination of Work No. 1/63 at a point 400 metres north west of the bridge carrying the Marylebone to Aylesbury Line over Breakspear Road South and terminating by a junction with Work No. 1/71 at a point 430 metres west of that bridge; Work No. 1/71 - A temporary conveyor for construction purposes commencing by a junction with the termination of Work No. 1/69 and terminating by a junction with the commencement of Work No. 1/73 at a point 444 metres east of the bridge carrying Harvil Road over the Marylebone to Aylesbury Line; Work No. 1/72 - A diversion of a gas main commencing beneath a point 480 metres west of the bridge carrying the Marylebone to Aylesbury Line over Breakspear Road South and terminating beneath a point 600 metres north east of the bridge carrying Harvil Road over the Marylebone to Aylesbury Line; Work No. 1/73 - A temporary conveyor for construction purposes commencing by a junction with the termination of Work No. 1/71 and terminating at a point 448 metres south east of the bridge carrying Harvil Road over the Marylebone to Aylesbury Line; Work No. 1/74 - A temporary bridge commencing at a point 436 metres south east of the bridge carrying Harvil Road over the Marylebone to Aylesbury Line and terminating at a point 436 metres east of that bridge; Work No. 1/75 - A temporary railway siding (0.38 kilometres in length), commencing by a junction with Work No. 1/66 at a point 338 metres east of the bridge carrying Harvil Road over the Marylebone to Aylesbury Line and terminating at a point 40 metres west of that bridge; Work No. 1/76 - A realignment (part) of Harvil Road commencing at a point 230 metres south-east of the junction of that road with Skip Lane and terminating at a point 223 metres north of that junction. Work No. 1/76 includes a bridge over the Aylesbury to Marylebone Line; Work No. 1/77 - An access road commencing by a junction with Work No. 1/76 at a point 190 metres south-east of the junction of Harvil Road with Skip Lane and terminating on Harvil Road at a point 77 metres south-east of that junction; Work No. 1/78 - A realignment of Newyears Green Lane commencing at a point 456 metres west of the junction of that road with bridleway U42 and terminating at a point 114 metres west of its commencement. London Borough of Hillingdon, County of Buckinghamshire, District of South Bucks, Parish of Denham, District of Chiltern, Parishes of Chalfont St. Peter, Chalfont St. Giles, Amersham, Coleshill and Little Missenden, County of Hertfordshire, District of Three Rivers— Work No. 2/1 - A railway (19.27 kilometres in length), partly on viaduct and partly in tunnel, commencing by a junction with Work No. 1/61 at its termination, continuing north-westwards and terminating at a point 530 metres north of the junction of footpath LMI/17/2 with footpath LMI/17/1; Work No. 2/1 includes viaducts over Newyears Green Bourne, Harefield No.2 Lake, the Grand Union Canal, Savay Lake, Moorhill Road, Kroda Lake, Long Lake, the River Colne and the A412 Denham Way (North Orbital Road) and shafts at Chalfont St. Peter, Chalfont St. Giles, Amersham and Little Missenden. Work No. 2/1A - A diversion of the Newyears Green Bourne commencing at a point 320 metres south west of the junction of Harvil Road with Dews Lane and terminating 130 metres west of its commencement; Work No. 2/1B - A realignment of railway sidings (0.36 kilometres in length), commencing at a point 587 metres south of the junction of Harvil Road with Dews Lane and terminating at a point 597 metres south-west of that junction; Work No. 2/1C - A diversion of Harvil Road, commencing on that road at a point 434 metres south-east of the junction of that road with Dews Lane and terminating at a point 44 metres south of that junction. Work No. 2/1C includes a bridge over Work No. 2/1; Work No. 2/1D - A diversion of a gas main commencing at a point 515 metres south- west of the junction of New Years Green Lane and footpath U42 and terminating at a point 585 metres north-west of the junction of Harvil Road with Skip Lane; Work No. 2/2 - A realignment of Dews Lane, forming an access to Hillingdon Outdoor Activities Centre commencing by a junction of that road with Harvil Road and terminating at the entrance to the Hillingdon Outdoor Activity Centre; Work No. 2/2A - An accommodation road, forming an access to the electricity supply facility, commencing on Harvil Road at a point 390 metres north-west of its junction with New Years Green Lane and terminating at a point 297 metres south-west of its commencement; Work No. 2/2B - A temporary access road beneath Work No. 2/1 commencing by a junction with Work No.2/2 at a point 36 metres north-east of the entrance to the Hillingdon Outdoor Activities Centre and terminating in the grounds of the Hillingdon Outdoor Activities Centre at a point 177 metres west of its commencement; Work No. 2/3 - A temporary bridge over the Grand Union Canal commencing on the western towpath of that canal at a point 38 metres north-west of the viaduct carrying the Chiltern Main Line over that canal and terminating on the eastern towpath at a point 128 metres north of that viaduct; Work No. 2/4 - A temporary bridge over the Grand Union Canal commencing at a point on the western towpath of that canal at a point 495 metres south of the viaduct carrying the Chiltern Main Line over that canal and terminating on the eastern towpath 57 metres north-east of its commencement. London Borough of Hillingdon, County of Buckinghamshire, District of South Bucks, Parish of Denham— Work No. 2/4B – A temporary bridge over the River Colne commencing at a point 200 metres north-east of the junction of footpaths DEN/20/2 and DEN/20/1 with bridleways DEN/48/2 and DEN/48/3 and terminating at a point 134 metres north-east of its commencement; Work No. 2/5 - A diversion of the River Colne commencing at a point 644 metres north-west of the bridge carrying Moorfield Road over that river and terminating at a point 156 metres north of its commencement. County of Buckinghamshire, District of South Bucks, Parish of Denham— Work No. 2/6 - A diversion of a gas main commencing at a point 350 metres south of the junction of bridleway DEN/3/1 with Denham Way (North Orbital Road), extending north-eastwards beneath that road and terminating 98 metres north-east of its commencement. County of Hertfordshire, District of Three Rivers— Work No. 2/7 - A diversion of Tilehouse Lane commencing at a point 16 metres north-east of the junction of that road with bridleway Ricks 002/Shire Lane and terminating on Tilehouse Lane at a point 92 metres south-west of the junction of that road with Denham Way (North Orbital Road). Work No. 2/7 includes a bridge over Work No. 2/1; Work No. 2/7A - An accommodation access road commencing by a junction with Work No. 2/7 at a point 350 metres south-west of the junction of Tilehouse Lane with Denham Way (North Orbital Road) and terminating on bridleway Ricks 004 at a point 280 metres west of that junction; Work No. 2/7B - An accommodation access road commencing by a junction with Work No. 2/7 at a point 562 meters north-west of the commencement of Work No. 2/7 and terminating on bridleway Ricks 004 at a point 68 metres south-west of the junction of that bridleway with bridleway 002/Shire Lane; Work No. 2/7C - An accommodation access road, commencing by a junction with Work No. 2/7 at a point 548 metres north west of the commencement of Work No.2/7 and terminating at the junction of bridleway Ricks 004 with bridleway Ricks 002/Shire Lane; Work No. 2/7D - A temporary accommodation access road, being a diversion of bridleway Ricks 004, commencing on bridleway Ricks 004 at a point 633 metres south- west of its junction with Denham Way (North Orbital Road) and terminating 364 metres north-east of its commencement; Work No. 2/7E - A temporary accommodation access road commencing on Tilehouse Lane at a point 20 metres north of the junction of that road with bridleway Ricks 002/Shire Lane and terminating by junction with Work No. 2/7C at a point 54 metres east of the junction of bridleway Ricks 004 with bridleway Ricks 002/Shire Lane. Work No. 2/7F - A temporary accommodation access road commencing at the junction of Shire Lane/Ricks 002/DEN2/1 with footpath CSP/43/2 and terminating at a point 366 metres south-west of its commencement. County of Hertfordshire, District of Three Rivers — Work No. 2/8 - A realignment of Chalfont Lane, commencing at the junction of that road with Denham Way (North Orbital Road) and terminating in that road at a point 90 metres south-east of the junction of Shire Lane over the M25 Motorway; Work No. 2/8A - A temporary slip road commencing by a junction with Work No. 2/8 at a point 40 metres east of its termination and terminating on the southbound carriageway of the M25 Motorway at a point 202 metres south-east of the bridge carrying Hornhill Road over that motorway; Work No. 2/8B - An accommodation road, commencing on Chalfont Lane at a point 865 metres west of its junction with A412 Denham Way (North Orbital Road) and terminating at a point 78 metres north of its commencement. County of Buckinghamshire, District of Chiltern, Parish of Chalfont St. Peter, County of Hertfordshire, District of Three Rivers— Work No. 2/9 - A temporary slip road commencing on Shire Lane at a point 220 metres south-east of the junction of that road with West Hyde Lane and terminating on the northbound carriageway of the M25 Motorway, 196 metres south of the bridge carrying Hornhill Road over that motorway; Work No. 2/10 - An accommodation access road commencing on an access road at a point 50 metres west of the bridge carrying Shire Lane over the M25 Motorway and terminating on Shire Lane at a point 180 metres south-east of its junction with West Hyde Lane; Work No. 2/10A - A temporary road commencing by a junction with Work No. 2/10 at its termination and terminating by a junction with Hornhill Road at a point 94 metres west of the bridge carrying Hornhill Road over the M25 Motorway. Parishes of Chalfont St. Giles, Amersham and Coleshill— Work No. 2/11 - A realignment of Bottom House Farm Lane commencing at a point 48 metres north-east of Hobbs Hole Cottage and terminating at the junction of that lane with Amersham Road. Parish of Amersham— Work No. 2/12 - A diversion of a cycle track, commencing at a point 20 metres south-east of the junction of the A404 Whielden Lane and terminating on that cycle track at a point 70 metres east of the junction of the A404 with the A413. County of Buckinghamshire, District of Chiltern, Parishes of Little Missenden, Great Missenden and The Lee, District of Aylesbury Vale, Parish of Wendover— Work No. 2/14 - A railway (8.3 kilometres in length) partly in tunnel and partly on viaduct commencing by a junction with Work No. 2/1, at its termination, continuing north-westwards, and terminating at a point 240 metres north-west of the roundabout joining the A413 London Road with Small Dean Lane; Work No. 2/14 includes a viaduct over the A413 London Road, the Marylebone to Aylesbury Line and Small Dean Lane. Parish of Great Missenden— Work No. 2/18C - An access road commencing at a point 550 metres south-west of the junction of Frith Hill with King's Lane and terminating at a point 350 metres north-west of that junction; Work No. 2/19 - An accommodation access road, commencing on the access road to Havenfield Lodge, at a point 618 metres south-west of the junction of that road with Potter Row and terminating on that road at a point 137 metres south-west of that junction. Work No. 2/19 includes a bridge over Work No. 2/14. Parishes of Great Missenden and The Lee— Work No. 2/20 - A diversion of Leather Lane commencing on that road at a point 720 metres west of the junction of that road with King's Lane and Potter Row and terminating on that road at a point 116 metres west of that junction. Work No. 2/20 includes a bridge over Work No. 2/14. Parish of The Lee— Work No. 2/21 - An accommodation access road, being a realignment of a track to Cottage Farm, commencing on that track at a point 665 metres south-west of the junction of that road with King's Lane and terminating on that track at a point 159 metres south-west of that junction. Work No. 2/21 includes a bridge over Work No. 2/14. District of Aylesbury Vale, Parish of Wendover— Work No. 2/22 - A footbridge over Work No. 2/14, being a realignment of footpaths WEN/38/1 and TLE/2/2 commencing on footpath WEN/38/1 at a point 494 metres south-west of the junction of King's Lane with Bowood Lane and terminating on footpath TLE/2/2 at a point 12 metres west of its junction with Kings Lane; Work No. 2/23 - A realignment of Bowood Lane commencing on that road at a point 487 metres west of its junction with King's Lane and terminating on that road at a point 201 metres west of that junction. Work No. 2/23 includes a bridge over Work No. 2/14. Work No. 2/23A - An accommodation access road, being a realignment of a track, commencing at a point 312 metres south-east of the junction of Bowood Lane with footpath WEN/39/2 and terminating on that track at a point 130 metres north-east of its commencement; Work No. 2/23B - An accommodation access road, being a realignment of a track, commencing on footpath WEN/39/2 and access track at a point 140 metres north of the junction of that access with Bowood Lane and terminating on footpath WEN/39/1 and that track at a point 280 metres east of its commencement; Work No. 2/24 - A diversion of Rocky Lane under Work No. 2/14, commencing at a point 390 metres north-west of the junction of that road with footpath WEN/39/1 and terminating on that road at a point 158 metres east of its junction with the A413 London Road; Work No. 2/24A - An accommodation access road commencing by a junction with Work No. 2/24 at a point 223 metres east of the junction of Rocky Lane with the A413 London Road and terminating at a point 75 metres south of its commencement; Work No. 2/25 - An accommodation access road, being a realignment of a track, commencing on the A413 London Road at a point 460 metres south-east of the junction of that road with Hale Road and terminating on that track at a point 38 metres north-east of its commencement; Work No. 2/25A - A temporary road being a diversion of the A413 London Road commencing at a point 450 metres south of the roundabout with London Road and Small Dean Lane and terminating 316 metres south of that roundabout; Work No. 2/26 - A realignment of Small Dean Lane, commencing at a point 368 metres south of the roundabout joining that road with the A413 London Road and terminating at a point 36 metres south-west of that roundabout; Work No. 2/27 - An accommodation road commencing on bridleway WEN/57/1 and access track at a point 180 metres north-west of the roundabout joining the A413 London Road with Small Dean Lane and terminating on the access to Grove Farm at a point 70 metres south-west of its junction with footpath WEN/57/1. County of Buckinghamshire, District of Aylesbury Vale, Parishes of Wendover, Stoke Mandeville and Stone with Bishopstone and Hartwell, District of Wycombe, Parish of Ellesborough— Work No. 2/28 - A railway (8.98 kilometres in length) partly in tunnel, commencing by a junction with Work No. 2/14 at its termination and terminating at a point 540 metres south-west of the roundabout junction of the A418 Oxford Road with Coldharbour Way; Work No. 2/28 includes bridges over Chalkshire Stream, Stoke Brook and Sedrup Ditch. Work No. 2/29 - A temporary road, being a diversion of Bacombe Lane, commencing on Ellesborough Road at a point 305 metres south-west of the bridge carrying that road over the A413 London Road and terminating on Bacombe Lane at a point 325 metres south-west of the bridge carrying that road over the A413 London Road; Work No. 2/29A -A diversion of Bacombe Lane, commencing on that road at a point 242 metres south-west of the bridge carrying that road over the A413 London Road and terminating on that bridge; Work No. 2/30 - A realignment of Ellesborough Road commencing on that road at a point 438 metres south-west of the bridge carrying that road over the A413 London Road and terminating on that road at a point 60 metres south-west of that bridge; Work No. 2/31 - A temporary road being a diversion of Ellesborough Road commencing by a junction with the commencement of Work No. 2/30 and terminating by a junction with the termination of Work No. 2/30; Work No. 2/33 - An accommodation access road, being a realignment of a track, commencing on footpath WEN/55/1 and access track at a point 67 metres north-east of the junction of that footpath with footpath WEN/6/2 and terminating on that footpath and accommodation track at a point 5 metres south-west of the bridge carrying that footpath over the A413 Wendover Bypass. District of Aylesbury Vale, Parish of Wendover, District of Wycombe, Parish of Ellesborough— Work No. 2/34 - A diversion of Nash Lee Road, commencing on the roundabout at the junction of that road with the A413 Wendover Bypass and terminating on that road at a point 230 metres west of the junction of that road with Nash Lee Lane. Work No. 2/34 includes a bridge over Work No. 2/28. Work No. 2/34A - A spur road, commencing by a junction with Work No. 2/34 at a point 178 metres west of the roundabout at the junction of Nash Lee Road with the A413 Wendover Bypass and terminating on Nash Lee Lane at a point 205 metres north-east of the junction of that road with Nash Lee Road. District of Aylesbury Vale, Parish of Stoke Mandeville, District of Wycombe, Parish of Ellesborough— Work No. 2/35 - A footbridge over Work No. 2/28, being a diversion of footpath ELL/20/1, commencing on that footpath at a point 377 metres north of the junction of that footpath with Nash Lee Road and terminating by a junction with footpath SMA/6/1 at a point 136 metres west of the junction of that footpath with footpath ELL/20/1; Work No. 2/36 - A diversion of the A4010 Risborough Road, commencing on that road at a point 360 metres south-east of the junction of that road with Old Risborough Road and terminating at a point 625 metres south-east of the junction of that road with Kynaston Avenue. Work No. 2/36 includes a bridge over Work No. 2/28 and a realignment of the B4443 Lower Road. District of Aylesbury Vale, Parish of Stoke Mandeville— Work No. 2/36A - An access road commencing by a junction with Work No. 2/36 at a point 320 metres south-east of the junction of footpaths SMA/16/2 and SMA/16/3 with the Princes Risborough to Aylesbury Railway and terminating by a junction with footpath SMA/11/2 at a point 164 metres south-east of its commencement; Work No. 2/36B - A road commencing by a junction with Work No. 2/36 at a point 164 metres south of the junction of the A4010 Risborough Road with Old Risborough Road and terminating on the A4010 Risborough Road at a point 64 metres north-east of its commencement; Work No. 2/37 - An underpass beneath Work No. 2/28, being a diversion of the footway/cycleway along the A4010 Risborough Road commencing at a point 85 metres north of the junction of that road with Old Risborough Road and terminating on that footway at a point 144 metres north of its commencement. Work No. 2/38 - An accommodation access road, being a diversion of footpaths SMA/9/1 and SMA/8/2, commencing at a point 400 metres south-west of the junction of footpaths SMA/9/2 and SMA/10/1 with footpath SMA/15A/1 and terminating on footpath SMA/15A/1 at the junction of that footpath with Marsh Lane. Work No. 2/38 includes a bridge over Work No. 2/28. District of Wycombe, Parish of Great and Little Kimble cum Marsh, District of Aylesbury Vale, Parish of Stoke Mandeville— Work No. 2/39 - A railway (1.47 kilometres in length) being a realignment of the Princes Risborough to Aylesbury Line Railway, commencing on that railway at a point 260 metres north of Marsh Crossing and terminating on that railway at a point 110 metres south-east of the junction of Batt Furlong with Westfield. District of Aylesbury Vale, Parishes of Stoke Mandeville and Stone with Bishopstone and Hartwell— Work No. 2/43 - An accommodation access road, being a diversion of footpaths SMA/16/1, SBH/28/2 and SMA/16/2, commencing at a point 131 metres south of the junction of footpaths SBH/17/3 and SBH/28/2 with footpath SMA/16/1 and terminating on footpath SMA/16/2 at a point 197 metres north-east of the junction of that footpath with footpaths SBH/16/1 and SBH/17A/1. Work No. 2/43 includes a bridge over Work No. 2/28. Parish of Stone with Bishopstone and Hartwell— Work No. 2/43A - An access road commencing by a junction with Work No. 2/43 at a point 120 metres south of the junction of footpaths SBH/17/3, SBH/28/2 and SMA/16/1 and terminating at a point 10 metres south-east of the junction of footpath SBH/28/1 with Road leading to Bradstone; Work No. 2/44 - A bridge over Work No. 2/28, being a diversion of bridleway SBH/19/7, commencing on that bridleway at a point 356 metres south-west of the junction of that bridleway with bridleway SMA/22/1 and terminating on that bridleway at a point 50 metres south of that junction; Work No. 2/45 - A footbridge commencing on footpath SBH/27/1 at a point 694 metres south-west of the junction of Welland Close with Nene Close and terminating on that footpath at a point 424 metres north-east of its commencement; Work No. 2/46 - A gas main diversion, commencing at a point 755 metres south-west of the junction of Primrose Drive with Foxglove and terminating at a point 440 metres south-west of that junction; Work No. 2/47 - An accommodation access road, commencing on footpath SBH/34/1 at a point 744 metres south-west of the junction of Primrose Drive with Foxglove and terminating on that footpath at a point 404 metres west of that junction. Work No. 2/47 includes a bridge over Work No. 2/28; Work No. 2/48 - A diversion of the A418 Oxford Road, commencing at a point 13 metres south-west of its junction with Meadoway and terminating on the roundabout at its junction with Coldharbour Way. Work No. 2/48 includes a bridge over Work No. 2/28. County of Buckinghamshire, District of Aylesbury Vale, Parishes of Stone with Bishopstone and Hartwell, Fleet Marston, Waddesdon, Quainton, Grendon Underwood, Calvert Green, Steeple Claydon, Twyford, Preston Bissett, Chetwode, Barton Hartshorn, Westbury and Turweston, County of Oxfordshire, District of Cherwell, Parishes of Godington, Newton Purcell with Shelswell, Finmere and Mixbury, County of Northamptonshire, District of South Northamptonshire, Parish of Whitfield— Work No. 2/49 - A railway (33.55 kilometres in length), partly in tunnels and partly on viaducts, commencing by a junction with Work No. 2/28 at its termination and terminating at a point 220 metres north-west of the junction of The River Great Ouse with Well Stream. Work No. 2/49 includes viaducts over the River Thame, Padbury Brook and the River Great Ouse and bridges over Fleet Marston Brook, the River Ray and Muxwell Brook. County of Buckinghamshire, District of Aylesbury, Parish of Stone with Bishopstone and Hartwell— Work No. 2/50A – A footbridge over Work No. 2/49, being a diversion of footpath SBH/32/1, commencing on that footpath at a point 200 metres north-east of the junction of that footpath with the road leading to Lower Hartland Farm and terminating on that footpath at a point 130 metres north-west of its junction with footpath AYL/39/1; Work No. 2/51 - A bridge over Work No. 2/49, being a diversion of bridleway SBH/2/4, commencing on that bridleway at a point 96 metres south-west of its junction with footpath CDH/1/1 and bridleway CDH/3/1 and terminating on bridleway SBH/2/4 at a point 177 metres east of its junction with bridleways SBH/3/1 and SBH/2/3; Work No. 2/51A - An accommodation access road, being a realignment of a track, commencing at the junction of footpaths SBH/3/2 and SBH/31/1 and terminating on bridleway SBH/2/4 at the termination of Work No. 2/51; Work No. 2/51B - An access road commencing by a junction with the centre line of Work No. 2/51A at a point 735 metres north-west from the junction of the road leading to Lower Hartwell Farm and footpath SBH/32/1 and terminating at a point 290 metres north-west of that junction; Work No. 2/52 - A diversion of an oil pipeline, commencing beneath a point 118 metres north-east of the junction of bridleways SBH/2/3, SBH/2/4 and SBH/3/1 continuing north-eastwards beneath Work No. 2/49 and terminating beneath a point 318 metres north-east of that junction. Parish of Fleet Marston— Work No. 2/53 - An accommodation bridge over Work No. 2/49, commencing at a point 372 metres south-west of the entrance to Putlowes Farm from Putlowes Drive and terminating at a point 174 metres north-east of its commencement. Work No. 2/53A – An access road commencing by a junction with Unnamed Road at a point 380 metres south-east of the junction of Unnamed Road with A41 Bicester Road and terminating by a junction with the termination of Work No. 2/53 at a point 520 metres south of its commencement. Parishes of Waddesdon and Fleet Marston— Work No. 2/54 - A footbridge over Work No. 2/49, commencing at a point 308 metres north of the junction of footpath WAD/7A/5 with bridleways FMA/1/1 and WAD/8/3 and terminating at a point 274 metres north of that junction; Work No. 2/55 - A diversion of the A41 Bicester Road, commencing at a point 412 metres east of the junction of that road with the access road in Willow Cottage and terminating at a point 556 metres north of the junction of that road with Blackgrove Road. Parish of Waddesdon— Work No. 2/56 - An accommodation access road, commencing on the access road to Cranwell Farm at a point 98 metres south of its junction with the A41 Bicester Road and terminating on the A41 Bicester Road at a point 204 metres west of that junction; Work No. 2/57 - A diversion of the A41 Bicester Road, commencing at a point 772 metres west of the junction of that road with Blackgrove Road and terminating by a junction with Work No. 2/55 at its termination. Work No. 2/57 includes a bridge over Work No. 2/49; Work No. 2/58 - A diversion of Blackgrove Road, commencing at a point 960 metres north of the junction of that road with the A41 Bicester Road and terminating by a junction with Work No. 2/55 at its termination; Work No. 2/59 - An accommodation access road, including a bridge over Work No. 2/49, being a diversion of footpaths WAD/4A/2 and WAD/4/2, commencing at a point 124 metres east of the junction of that access with footpath WAD/4A/1 and terminating on footpath WAD/4/2 at a point 375 metres east of that junction; Work No. 2/60 - An accommodation underpass beneath Work No. 2/49, commencing on the access track in Waddesdon Sewerage Treatment Works at a point 350 metres east of the junction of that access track with Quainton Road and terminating at those Treatment Works at a point 220 metres south-east of the junction of footpath WAD/4A/1 with footpaths WAD/3/4 and WAD/3/5; Work No. 2/60A - An accommodation access road, commencing by a junction with Work No. 2/60 at a point 200 metres south of the junction of footpath WAD/4A/1 with footpaths WAD/3/4 and WAD/3/5 and terminating at a point 494 metres north-west of that junction; Work No. 2/61 - A diversion of a gas main, beneath Work No. 2/49, commencing at a point 200 metres north-west of the junction of footpath WAD/3/5 with footpath WAD/4A/1 and terminating at a point 296 metres north of the junction of footpath WAD/24/1 with Quainton Road. Parishes of Waddesdon and Quainton— Work No. 2/62 - A diversion of a gas main, beneath Work No. 2/49, commencing at a point 410 metres north-east of the bridge carrying Quainton Road over the Fleet-Marston Brook and terminating at a point 186 metres north-west of the junction of footpath QUA/29A/2 with Station Road; Work No. 2/63 - A diversion of a gas main, commencing at a point 420 metres north-east of the bridge carrying Quainton Road over Fleet Marston Brook and terminating at a point 330 metres north-west of the junction of footpath QUA/29A/2 with Station Road. Parish of Quainton— Work No. 2/64 - An accommodation access road commencing on Quainton Road at a point 422 metres south-east of the junction of that road with Station Road and terminating at a point 376 metres north-west of the bridge carrying Quainton Road over Fleet Marston Brook. Work No. 2/64 includes a bridge over Work No. 2/49; Work No. 2/66 - An access road commencing on Station Road at a point 155 metres north-east of the junction of that road with Quainton Road and terminating at a point 45 metres north-west of its commencement; Work No. 2/67 - A diversion of Station Road, commencing at a point 416 metres south-west of its junction with Quainton Road and terminating on that road at a point 480 metres north-east of the bridge carrying the Aylsbury Link over that road. Work No. 2/67 includes bridges over Work No. 2/49 and the Aylesbury Link; Work No. 2/67A - A spur road commencing by a junction with Work No. 2/67 at a point 260 metres north-west of the junction of Quainton Road with Station Road and terminating on Quainton Road at a point 33 metres north-west of its junction with Station Road; Work No. 2/67B - A road, commencing by a junction with Work No. 2/67 at a point 416 metres north-west of the junction of Station Road with Quainton Road and terminating on the access road leading to Doddershall House at a point 20 metres east of the junction of footpath QUA/31/3 with that access road; Work No. 2/68 - A diversion of Fidlers Lane, commencing by a junction with Work No. 2/67 at a point 160 metres east of the bridge carrying that road over the Aylesbury Link and terminating on Fidlers Lane at a point 280 metres north of that bridge; Work No. 2/68A - An improvement of an access road commencing by a junction with Work No. 2/68 at a point 194 metres north of the bridge carrying Fidlers Lane over the Aylesbury Link and terminating on that track at a point 150 metres west of its commencement; Work No. 2/69 - A bridge over Work No. 2/49, Bridleway QUA/28A/1 and Bridleway QUA/28A/2 commencing at a point 230 metres south-west of the junction of those bridleways and terminating at the junction of bridleway QUA/28A/2 with footpath QUA/24A/1; Work No. 2/70 - An underpass beneath Work No. 2/49 commencing at a point 648 metres north-west of the junction of bridleway QUA/28A/2 with footpath QUA/24A/1 and terminating at a point 58 metres north-east of its commencement; Work No. 2/71 - A diversion of Edgcott Road commencing on that road at a point 260 metres east of the bridge carrying that road over the Aylesbury Link and terminating on that road at a point 140 metres west of its junction with the access to Woodlands Farm. Work No. 2/71 includes a bridge over Work No. 2/49; Work No. 2/71A - An access road commencing by a junction with Work No. 2/71 on Edgcott Road at a point 230 metres east of the bridge carrying that road over the Aylesbury Link and terminating at a point 30 metres north-east of that bridge; Work No. 2/71B – An access road commencing by a junction with Work No. 2/71A at a point 224 metres east of the bridge carrying Edgcott Road over the Aylesbury link and terminating at a point 300 metres north-east of that bridge; Work No. 2/72 - A bridge over Work No. 2/49 commencing on bridleway QUA/36/2 at a point 86 metres south-west of the bridge carrying that bridleway over the Aylesbury Link and terminating on bridleway QUA/36/3 at a point 80 metres north-east of that bridge. Parishes of Quainton and Grendon Underwood— Work No. 2/72A – An access road commencing at a point 88 metres west of the footbridge carrying bridleway QUA/36/1 over the Aylesbury Link and terminating at a point 56 metres west of the junction of bridleway GUN/25/2 with footpath GUN/31/1. Parish of Grendon Underwood— Work No. 2/73 - A bridge over Work No. 2/49, commencing at a point 40 metres south of the junction of that bridleway with bridleway GUN/25/2 and GUN/31/1 and terminating at a point 22 metres north of the junction of that bridleway with footpath GUN/29/1. Parish of Calvert Green— Work No. 2/74 - An underpass beneath Work No. 2/49, commencing at a point 186 metres west of the junction of bridleway GUN/25/1 with bridleway CAG/3/1 and terminating at a point 216 metres north-west of that junction. Parishes of Calvert Green and Steeple Claydon— Work No. 2/75 - A footbridge over Works Nos. 2/49 and 2/77 commencing at a point 120 metres north-west of the junction of bridleway SCL/18/2 with footpath SCL/13/2 and terminating on that footpath at a point 150 metres north of that junction; Work No. 2/75A – A bridge over Works Nos. 2/49 and 2/77 commencing at a point 540 metres south-east of the junction of Cotswolds Way with Brickhill Way and terminating at a point 110 metres north-east of its commencement; ... Parishes of Grendon Underwood, Calvert Green and Steeple Claydon— Work No. 2/77 - A railway (4.42 kilometres in length) commencing by a junction with the Aylesbury Link at a point 40 metres east of the junction of bridleway GUN/25/1, with bridleway CAG/3/1 and terminating by a junction with Work No. 2/81 at a point 18 metres west of the bridge carrying Addison Road over the Bicester to Bletchley Line Railway. Parish of Steeple Claydon— Work No. 2/79 - A railway (2.51 kilometres in length) commencing by a junction with the Aylesbury Link and Work No. 2/49 at a point 275 metres east of the junction of Cotswolds Way with Brickhill Way and terminating at a point 10 metres north of the bridge carrying Addison Road over the Bicester to Bletchley Line; Work No. 2/80 - A realignment of School Hill commencing at a point 5 metres north of the junction of that road with Brackley Lane and terminating on that road at a point 30 metres north-east of the junction of that road with footpath SCL/12/1. Work No. 2/80 includes bridges over Works Nos. 2/49, 2/77 and 2/79; Work No. 2/80A - An accommodation access road commencing by a junction with Work No. 2/80 at the junction of School Hill with footpath SCL/12/1 and terminating at a point 490 metres west of that junction. Parishes of Twyford and Steeple Claydon— Work No. 2/81 - A railway (3.73 kilometres in length) being a realignment of the Bicester to Bletchley Line commencing at a point 20 metres west of the level crossing over Queen Catherine Road and terminating at a point 22 metres east of the bridge carrying Main Street over that railway. Work No. 2/81 includes bridges over Works Nos. 2/49 and 2/79; Work No. 2/82 - A railway (4.77 kilometres in length) commencing at a point 154 metres west of Queen Catherine Road level crossing over the Bicester to Bletchley Line and terminating at a point 160 metres east of the bridge carrying the dismantled railway over Padbury Brook. Work No. 2/82 includes a depot. Work No. 2/82A - A railway (0.2 kilometres in length) commencing by a junction with Work No. 2/82 at a point 195 metres west of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating by a junction with Work No. 2/83 at a point 395 metres west of that bridge. Parishes of Steeple Claydon and Twyford— Work No. 2/83 - A railway (2.87 kilometres in length) commencing at a point 290 metres west of the Queen Catherine Road level crossing over the Bicester to Bletchley Line and terminating at a point 460 metres north of the bridge carrying Perry Hill over the Bicester to Bletchley Line. Work No. 2/83 includes a depot;

Work No. 2/83A - A railway siding (0.52 kilometres in length) commencing at a point 764 metres west of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating at a point 225 metres north-east of the bridge carrying Perry Hill over the Bicester to Bletchley Line. Work No. 2/83A includes a depot; Work No. 2/83B - A railway siding (1.08 kilometres in length) commencing at a point 94 metres north-west of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating at a point 475 metres north-east of the bridge carrying Perry Hill over the Bicester to Bletchley Line. Work No. 2/83B includes a depot; Work No. 2/83C - A temporary railway siding (1.87 kilometres in length) commencing at a point 40 metres north of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating by a junction with Work No. 2/82 at a point 344 metres south of the junction of West Street with Perry Hill. Work No. 2/83D - A temporary railway siding (0.83 kilometres in length) commencing by a junction with Work No. 2/83C at a point 112 metres north-west of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating at a point 762 metres north-east of the bridge carrying Perry Hill over the Bicester to Bletchley Line including depot buildings. Work No. 2/84 - A gas main diversion commencing at a point 210 metres north-east of the bridge carrying Main Street over the Bicester to Bletchley Line and terminating at a point 414 metres south-east of the junction of Perry Hill with West Street. Work No. 2/86 - A gas main diversion commencing at a point 260 metres north-west of the level crossing over Queen Catherine Road and terminating at a point 425 metres south-east of the junction of Perry Hill with West Street. Work No. 2/87 - A diversion of Addison Road commencing at a point 358 metres south of the bridge carrying that road over the Bicester to Bletchley Line and terminating at a point 138 metres south of Redland Bridge. Work No. 2/87 includes a bridge over Works Nos. 2/81, 2/82 and 2/83; Work No. 2/88 - An access road commencing by a junction with Work No. 2/87 at a point 224 metres south of Redland Bridge and terminating on Addison Road at a point 326 metres south of that Bridge. Work No. 2/88A - An access road commencing at a point 480 metres south west of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating at a point 536 metres west of that bridge carrying Addison Road over the Bicester to Bletchley Line; Work No. 2/89 - A footbridge over Works Nos. 2/81, 2/82 and 2/83 commencing on footpath SCL/8/1 at a point 320 metres east of the bridge carrying Addison Road over the Bicester to Bletchley Line and terminating on footpath SCL/8/2 at a point 60 metres south of the junction of that footpath with footpath SCL/8/3 and footpath SCL/8/4. Parish of Twyford— Work No. 2/91 - A diversion of Perry Hill commencing at a point 430 metres south east of the bridge carrying that road over the Bicester to Bletchley Line and terminating at a point 20 metres south-east of the junction of that road with West Street. Work No. 2/91 includes a bridge over Works Nos. 2/49, 2/81, 2/82 and 2/83C; Work No. 2/91A - An access road commencing by a junction with Work No. 2/91 at a point 139 metres south of the bridge carrying Perry Hill road over the Bicester to Bletchley Line and terminating at a point 44 metres east of the bridge carrying Perry Hill road over the Bicester to Bletchley Line; Work No. 2/91B - A road commencing by a junction with Work No. 2/91 at a point 190 metres south of the junction of Perry Hill and West Street and terminating on Perry Hill at a point 228 metres south of the junction of Perry Hill and West Street; Work No. 2/92 - A realignment of West Street, commencing at a point 220 metres north of the junction of that road with Portway Road and terminating on West Street at a point 85 metres west of the junction of that road with Perry Hill Road; Work No. 2/93 - An access road commencing by a junction with Work No. 2/92 at a point 220 metres south-west of the junction of West Street with Perry Hill and terminating at a point 530 metres west of that junction; Work No. 2/94 - An access road commencing on West Street at a point 80 metres north of the junction of that road with Portway Road and terminating at the sewage works at a point 196 metres south-east of the junction of footpath TWY/18/2 with the dismantled railway; Work No. 2/94A – An access road commencing by a junction with Work No. 2/94 at a point 240 metres north of the junction of Portway Road with Main Street and terminating at a point 120 metres to the south-east of its commencement. Parish of Preston Bissett— Work No. 2/96 - A bridge over Work No. 2/49, commencing on bridleway PBI/5A/3 at a point 206 metres west of the junction of PBI/5(F)/7 with the dismantled railway and terminating at a point 304 metres north-west of that junction; Work No. 2/96A - An access road commencing by a junction with the termination of Work No. 2/96 at a point 304 metres north-west of the junction of footpath PBI/5(F)/7 with the dismantled railway and terminating at a point 176 metres north-east of the junction of Byway PBI/5A/1 with footpath PBI/5(F)/5. Parish of Chetwode— Work No. 2/96C – An access road commencing at a point 30 metres north of the junction of bridleway CHW/24/2 with bridleway 225/4 and terminating at a point at the junction of bridleway CHW/24/2 with The Green. County of Oxfordshire, District of Cherwell, Parish of Godington— Work No. 2/96D – An access road commencing at a point 336 metres east of the bridge carrying footpath 225/3/10 over Hardwick Ford and terminating at a point 8 metres south of the junction of bridleway CHW/24/2 with bridleway 225/4. County of Oxfordshire, District of Cherwell, Parish of Godington, County of Buckinghamshire, District of Aylesbury Vale, Parish of Chetwode— Work No. 2/97 - A diversion of Padbury Brook commencing at a point 38 metres east of the junction of bridleway CHW/24/2 with bridleway 225/4 and terminating at that junction. County of Buckinghamshire, District of Aylesbury Vale, Parish of Chetwode— Work No. 2/98 - A diversion of The Green commencing on The Green at a point 67 metres west of the junction of the access to Rosehill Farm and terminating on The Green at a point 28 metres north of the junction of the access to Sunflower Farm; Work No. 2/99 - A bridge over Work No 2/49, commencing by a junction with Work No. 2/98 at a point 63 metres south of the junction of the access to Sunflower Farm and terminating on The Green at a point 6 metres north-west of the junction of footpath CHW/20/1 with The Green. Parishes of Chetwode and Barton Hartshorn— Work No. 2/100 - A realignment of School End commencing at a point 30 metres north-east of the junction of that road with the dismantled railway and terminating on that road at a point 162 metres north-east of its commencement. Work No. 2/100 includes a bridge over Work No. 2/49; Work No. 2/100A – A temporary road commencing at a point 162 metres south-west of the junction of School End with the dismantled railway and terminating at a point 10 metres south west of the junction of Unnamed Road with School End. County of Buckinghamshire, District of Aylesbury Vale, Parish of Barton Hartshorn, County of Oxfordshire, District of Cherwell, Parish of Newton Purcell with Shelswell— Work No. 2/101- A footbridge over Work No. 2/49 commencing at a point 200 metres north-west of the junction of footpaths BHA/2/1 and BHA/3/1 with footpath BHA/2/2 and terminating at a point 208 metres north of that junction. County of Oxfordshire, District of Cherwell, Parish of Newton Purcell with Shelswell— Work No. 2/102 - A diversion of the A4421 Buckingham Road commencing at a point 4 metres west of its junction with the entrance to Old Rectory Farm and terminating at a point 308 metres north-east of its junction with Manor Farm Road. Work No. 2/102 includes a bridge over Work No. 2/49. Parish of Finmere— Work No. 2/103 - A bridge over Work No. 2/49 commencing on bridleway 213/7 at a point 732 metres north-west of the junction of the A4421 Buckingham Road with the dismantled railway and terminating on that bridleway at a point 114 metres north-east of its commencement; Work No. 2/104 - A bridge over Work No. 2/49 commencing at a point 166 metres west of the junction of bridleway 213/4 with the dismantled railway and terminating at a point 154 metres north of that junction. Parishes of Finmere and Mixbury— Work No. 2/105 - A realignment of the A421 London Road commencing at a point 40 metres west of its junction with bridleway 303/8 and terminating 360 metres east of the junction of that road with the dismantled railway. Work No. 2/105 includes a bridge over Work No. 2/49. Work No. 2/105A - An access road commencing by a junction with Work No. 2/105 at a point 120 metres north-west of the junction of the A421 London Road with the dismantled railway and terminating on the access to Widmore Farm at a point 266 metres south of that junction; Work No. 2/105B - An access road commencing by a junction with Work No. 2/105 at a point 118 metres east of the bridge carrying the A421 London Road over the dismantled railway and terminating on the access to Warren Farm at a point 282 metres north of that bridge. Work No. 2/105C - A temporary diversion of the A421 London Road over Work No. 2/49 commencing at a point 20 metres south-east of the junction of that road with bridleway 303/8 and terminating by a junction with the termination of Work No. 2/105. Parish of Mixbury— Work No. 2/106 - A realignment of Featherbed Lane commencing at a point 36 metres north-east of the junction of that road with Church Lane and terminating at a point 132 metres north-east of that junction. Work No. 2/106 includes a bridge over Work No. 2/49; Work No. 2/106A - An access road commencing at a point 150 metres east of the junction of Featherbed Lane with Church Lane and terminating at a point 176 metres north-east of that junction; Work No. 2/106B – A temporary road commencing at a point 140 metres south-west of the junction of Church Lane with Featherbed Lane and terminating at a point 490 metres north-east of its commencement; Work No. 2/107 - A bridge over Work No. 2/49 commencing at a point 50 metres west of the junction of bridleway 303/4/30 and bridleway 303/22/20 with bridleway 303/4/20 and terminating on bridleway 303/4/20 at a point 96 metres north east of that junction; Work No. 2/107A – An access road commencing 82 metres north-west of the junction of Slade Hill with footpath 303/6/10 and terminating at a point 20 metres west of the junction of bridleway 303/4/30 and bridleway 303/22/20 with bridleway 303/4/20. County of Buckinghamshire, District of Aylesbury Vale, Parish of Westbury— Work No. 2/108 - A footbridge over Work No. 2/49 commencing at a point 74 metres east of the junction of footpath WBB/17/1 with footpath TUW/11/2 and terminating at a point 180 metres east of that junction. Parishes of Westbury and Turweston— Work No. 2/109 - A diversion of the A422 Brackley Road commencing at a point 184 metres west of the junction of that road with the access to Grovehill Farm and terminating at a point 278 metres south-east of the junction of that road with the access to Oatleys Farm. Parish of Turweston— Work No. 2/109A - An access road commencing by a junction with Work No. 2/109 at a point 106 metres south-east of the junction of the A422 Brackley Road with the access to Oatleys Farm and terminating on that access road at a point 78 metres north of that junction. Work No. 2/109B - A temporary diversion of the A422 Brackley Road commencing at a point 230 metres west of the junction of that road with the access to Grovehill Farm and terminating at a point 350 metres south-east of the junction of that road with the access to Oatleys Farm. Work No. 2/110 - A bridge over Work No. 2/49 commencing on bridleway TUW/4/1 at a point 62 metres west of the junction of that bridleway with bridleways TUW/4/2 and TUW/9/2 and terminating on bridleway TUW/4/3 at a point 80 metres north-east of the junction of that bridleway with bridleway TUW/4/2 and footpath TUW/5/1; Work No. 2/110A - A temporary access road being a diversion of the access road to Oatleys Hall commencing on bridleway TUW/4/1 at a point 150 metres west of the junction of that bridleway with bridleways TUW/4/2 and TUW/9/2 and terminating on bridleway TUW/4/3 at a point 220 metres north-east of the junction of that bridleway with bridleway TUW/4/2 and footpath TUW/5/1. Work No. 2/110A includes a bridge over Work No. 2/49; Work No. 2/110B - A watercourse being a diversion of Mill Stream commencing in Mill Stream at a point 10 metres south of the junction of the River Great Ouse with Mill Stream and terminating in Mill Stream at a point 148 metres south of its commencement. County of Northamptonshire, District of South Northamptonshire, Parishes of Whitfield, Radstone, Greatworth, Marston St Lawrence, Culworth, Thorpe Mandeville, Chipping Warden and Edgcote, Aston Le Walls and Boddington— Work No. 2/111 - A railway (20.5 kilometres in length), commencing by a junction with the termination with Work No. 2/49 at a point 1.03 kilometres north-west of the junction of bridleway TUW/9/2 and bridleway TUW/4/1 with bridleway TUW/4/2 and terminating at a point 12 metres south-west of the junction of Banbury Road and Boddington Road. Work No. 2/111 includes viaducts over Banbury Lane, River Cherwell, Waddington Road and Highfurlong Brook. Parishes of Brackley, Whitfield and Radstone— Work No. 2/112 - A realignment of the A43 Oxford Road commencing on the roundabout by a junction with Northampton Road and terminating at a point 50 metres west of the junction with The Avenue. Work No. 2/112 includes a bridge over Work No. 2/111. Parish of Radstone— Work No. 2/113 - An underpass beneath Work No. 2/112 commencing at a point 144 metres north of the A43 Oxford Road roundabout and terminating at a point 105 metres south-west of the junction of bridleway BD10 with the A43 Oxford Road. Parishes of Radstone and Whitfield— Work No. 2/114 - A bridge over Work No. 2/111 commencing at a point 80 metres north of the junction of bridleway AX14 with bridleway AX16 and terminating on bridleway AX16 at a point 219 metres north-east of that junction. Work No. 2/114A – A bridge over Work No. 2/111 commencing at a point 530 metres north-west of the junction of bridleway AX14 with bridleway BD7 and terminating at a point 250 metres north-east of the junction of footpath AX15 with Whitfield Road; Work No. 2/116 - A diversion of Radstone Road commencing at a point 102 metres south of the junction of that road with footpath AX7 and terminating at a point 12 metres south of the junction of Radstone Road with Whitfield Road. Work No. 2/116 includes a bridge over Work No. 2/111; Work No. 2/116A - An access road commencing by a junction with Work No. 2/116 at a point 119 metres south of the junction of Radstone Road with Whitfield Road and terminating on the access road to Manor Farm at a point 16 metres north-east of the junction of that access road with Radstone Road; Work No. 2/117 - A bridge over Work No. 2/111 commencing on footpath AX5 at a point 370 metres west of the junction of Radstone Road with Whitfield Road and terminating on bridleway AX15 at a point 68 metres west of that junction. Parish of Greatworth— Work No. 2/118 - A footbridge over Work No. 2/111 commencing on footpath AN22 at a point 10 metres south-west of the junction of that footpath with bridleway AN37 and terminating on that footpath at a point 134 metres south-west of the junction of that footpath with footpath AN20; Work No. 2/119 - A bridge over Work No. 2/111 commencing on footpath AN19 at a point 190 metres south-west of the junction of that footpath with bridleway AN37 and terminating at a point 50 metres south-west of that junction; Work No. 2/120 - A bridge over Work No. 2/111 commencing on bridleway AN14 at a point 84 metres north-east of its junction with bridleway AN28 and terminating on bridleway AN14 at a point 335 metres south-west of the junction of that bridleway with the B4525 Welsh Road; Work No. 2/121 - A realignment of Helmdon Road commencing at a point 184 metres west of the junction of that road with the B4525 Welsh Road and terminating at a point 28 metres north-east of the junction of footpath AN4 with Helmdon Road; Work No. 2/121A – An access road commencing by a junction with Work No. 2/121 at a point 420 metres south-west of the junction of Helmdon Road with Welsh Road and terminating at a point 516 metres north-west of the junction of bridleway AN28 and bridleway AN14; Work No. 2/121B – An access road commencing by a junction with Work No. 2/121A at a point 400 metres south-west of the junction of Helmdon Road with Welsh Road and terminating at a point 556 metres north-west of the junction of bridleway AN28 and bridleway AN14; Work No. 2/122 - A realignment of the B4525 Welsh Road commencing at a point 90 metres north-west of the junction of that road with footpath AN4 and terminating at a point 550 metres north-west of that junction. Parishes of Greatworth and Marston St. Lawrence— Work No. 2/122A - A temporary diversion of the B4525 Welsh Road commencing on that road at a point 90 metres north-west of the junction of that road with footpath AN4 and terminating at a point 220 metres south-west of the junction of footpath AN39 with that road. Parishes of Marston St Lawrence, Sulgrave and Thorpe Mandeville— Work No. 2/122B - A temporary diversion of Sulgrave Road commencing at a point 260 metres north of the junction of that road with the B4525 Welsh Road and terminating at a point 90 metres north of the junction of that road with footpath AY12; Work No. 2/122C - A reconstruction of Sulgrave Road commencing at a point 430 metres north of the junction of that road with the B4525 Welsh Road and terminating by a junction with Work No. 2/122B. Parishes of Greatworth and Marston St Lawrence— Work No. 2/122D – A realignment of Welsh Road commencing at a point 95 metres west of the junction of Footpath AN39 with that road and terminating at a point 330 metres west of its commencement. Work No. 2/122E – A realignment of Sulgrave Road commencing by a junction with the centre line of Work No. 2/122D at a point 235 metres west of the junction of Footpath AN39 with Welsh Road and terminating at a point 260 metres south of its commencement. Parishes of Marston St Lawrence and Thorpe Mandeville— Work No. 2/123 - A diversion of Banbury Road commencing at a point 273 metres west of the junction of that road with footpath BB3 and terminating at a point 184 metres east of that junction. Work No. 2/123 includes a bridge over Work No. 2/111; Work No. 2/123A - A temporary diversion of Banbury Road commencing at a point 400 metres west of the junction of that road with footpath BB3 and terminating at a point 360 metres east of that junction. Parish of Culworth— Work No. 2/124 - A bridge over Work No. 2/111 commencing at a point 540 metres south-east of the junction of bridleway AG10 with bridleway AN9 and terminating at a point 560 metres east of its commencement; Work No. 2/125 - A bridge over Work No. 2/111 commencing on bridleway AG9 at a point 6 metres east of the junction of that bridleway with bridleway AG10 and AN9 and terminating on bridleway AG9 at a point 350 metres east of that junction; Work No. 2/126 - A bridge over Work No. 2/111 commencing at a point 720 metres north-west of the junction of bridleway AG10 with bridleway AN9 and terminating at a point 890 metres north of that junction; Work No. 2/126A - A road commencing by a junction with Work No. 2/126 at a point 880 metres north-west of the junction of bridleway AG10 with bridleway AG9 and terminating on bridleway AG10 at a point 140 metres north-west of its commencement. Parish of Chipping Warden and Edgcote— Work No. 2/126B - A diversion of the River Cherwell commencing at a point 80 metres west of the junction of Wardington Road with Welsh Road and terminating 60 metres west of its commencement; Work No. 2/126C - A diversion of the River Cherwell commencing at a point 272 metres north-west of the junction of Wardington Road with Welsh Road and terminating at a point 90 metres north-west of its commencement; Work No. 2/126D – An access road commencing at a point 932 metres north of the junction of bridleways AG10, AG9 and AN9 and terminating by a junction with the termination of Work No. 2/126 at a point 870 metres north-west of the junction of bridleways AG10, AG9 and AN9. Work No. 2/127 - An access road commencing on the access road to Blackgrounds at a point 220 metres south of the junction of Culworth Road with that access road and terminating in Culworth Road at a point 60 metres west of the junction of that road with footpath AE28; Work No. 2/127A – An access road commencing at a point by a junction with Culworth Road 292 metres west of the junction of footpath AE28 with that road and terminating at a point 312 metres north-west of that junction; Work No. 2/128 - A road commencing on footpath AE20 at a point 12 metres west of the junction of that footpath with footpath AE21 and terminating on footpath AE21 at a point 134 metres north-east of that junction; Work No. 2/128D – A road, being a diversion of the A361 Byfield Road / Banbury Road, commencing at a point 280 metres south-west of the junction of the A361 Banbury Road with Appletree Road and terminating at a point 285 metres north-east of the junction of Footpath AE16 with the A361 Byfield Road; Work No. 2/128E – An access road commencing at a point 330 metres north-west of the junction of Appletree Road with the A361 Banbury Road and terminating at a point 106 metres north-west of the junction of the A361 Byfield Road with Footpath AE16; Work No. 2/128F – A road commencing by a junction with Work No. 2/128D at a point 200 metres north of the junction of footpaths AE18 and AE17 and terminating at a point 100 metres north of the junction of Footpath AE18 with the A361 Byfield Road; Work No. 2/128G – A road commencing by a junction with Work No. 2/128D at a point 180 metres west of the junction of the A361 Byfield Road with Appletree Road and terminating at a point 70 metres west of the junction of the A361 Byfield Road with Appletree Road; Work No. 2/128H – A road commencing by a junction with Work No. 2/128D at a point 220 metres north-west of the junction of the A361 Banbury Road with Appletree Road and terminating at a point 70 metres west of the commencement of the Work. Parish of Aston Le Walls— Work No. 2/128C - A realignment of Appletree Lane commencing on that road at a point 140 metres north-east of the junction of that road with the access road to Field Farm and terminating at a point 360 metres north-east of that junction. Work No. 2/128J – A realignment of Welsh Road commencing at a point 120 metres north-west of the junction of Welsh Road with the A361 Byfield Road and terminating at a point 110 metres south-east of that junction; Work No. 2/128K – A realignment of the A361 Byfield Road commencing at a point 160 metres south of the junction of Welsh Road with the A361 Byfield Road and terminating at a point 150 metres north-east of that junction. Parish of Boddington— Work No. 2/129 - A realignment of Claydon Road commencing on that road at a point 280 metres south-west of the junction of that road with footpath AC1 and terminating on that road at a point 250 metres south-west of the junction of that road with Banbury Road. Work No. 2/129 includes a bridge over Work No. 2/111; Work No. 2/130A – A bridge over Work No. 2/111 commencing on the access road to Cedars Farm at a point 420 metres south-west of the junction of that access road with Banbury Road and terminating at a point 25 metres south-west of that junction; Work No. 2/131 - A diversion of a watercourse commencing at a point 550 metres south of the junction of Claydon Road with Banbury Road and terminating 144 metres east of its commencement. County of Northamptonshire, District of South Northamptonshire, Parish of Boddington, County of Warwickshire, District of Stratford-on-Avon, Parish of Wormleighton— Work No. 2/132 - A diversion of Banbury Road, Boddington Road, Warwick Road and Wormleighton Road commencing at a point 350 metres east of the junction of Warwick Road with Banbury Road and terminating on Wormleighton Road at a point 470 metres west of the junction of Boddington Road with Stoneton Lane. Work No. 2/132 includes a bridge over Work No. 2/111. County of Northamptonshire, District of South Northamptonshire, Parish of Boddington— Work No. 2/132A - A diversion of Claydon Road commencing at a point 450 metres south-west of the junction of that road with Banbury Road and terminating by a junction with Work No. 2/132 at a point 192 metres south-west of the junction of Banbury Road with Warwick Road. County of Warwickshire, District of Stratford-on-Avon, Parishes of Stoneton and Wormleighton— Work No. 2/132B – A diversion of Stoneton Lane commencing at a point 280 metres north-east of the junction of that road with Boddington Road and terminating by a junction with Work No. 2/132 at a point 144 metres south-west of the junction of Stoneton Lane with Boddington Road. Work No. 2/132C – A diversion of Banbury Road commencing at a point 214 metres north-west of the junction of that road with Claydon Road and terminating by a junction with Work No. 2/132 at a point 84 metres south-east of the junction of Banbury Road with Warwick Road; Work No. 2/132D - A diversion of Warwick Road commencing at a point 28 metres north-west of the junction of that road with Banbury Road and terminating by a junction with Work No. 2/132 at a point 139 metres south-east of the junction of Banbury Road with Warwick Road. Work No 2/132E – A temporary road commencing at a point 270 metres west of the junction of Boddington Road with Stoneton Lane and terminating at a point 142 metres south-east of that junction. County of Warwickshire, District of Stratford-on-Avon, Parishes of Stoneton, Wormleighton, Radbourne, Ladbroke, Southam and Long Itchington, County of Northamptonshire, District of South Northamptonshire, Parish of Boddington, County of Warwickshire, District of Stratford-on-Avon, Parish of Stoneton— Work No. 2/133 - A railway (10.35 kilometres in length) commencing by a junction with the termination of Work No. 2/111 passing north-westwards and terminating at a point 266 metres south-east of the junction of the A425 Southam Road with the entrance to Lower Farm. Work No. 2/133 includes viaducts over the Oxford Canal, the River Itchen and Work No. 2/135. County of Warwickshire, District of Stratford-on-Avon, Parish of Stoneton— Work No. 2/134 - A footbridge carrying Footpath SM101 over Work No. 2/133 commencing at a point 885 metres south-east of the bridge carrying Footpath SM116a over the Oxford Canal and terminating at a point 110 metres north-east of its commencement. Parish of Wormleighton— Work No. 2/134A - A diversion of a watercourse commencing at a point 340 metres south-west of the bridge carrying Footpath SM116a over the Oxford Canal and terminating 55 metres north-east of its commencement; Work No. 2/135 - An access road commencing at a point 1,028 metres south-west of the bridge carrying Footpath SM116a over the Oxford Canal and terminating at a point 620 metres north-west of that bridge; Work No. 2/136 - A temporary bridge over the Oxford Canal commencing at a point 12 metres south-west of the bridge carrying Bridleway SM116 over that canal and terminating at a point 38 metres north of its commencement. Parishes of Radbourn and Wormleighton— Work No. 2/137 - An improvement and realignment of Wills Pastures Road commencing at a point 75 metres south of its junction with the A423 Banbury Road and terminating at a point 180 metres west of its junction with Bridleway SM116. Work No. 2/137A - A temporary road commencing by a junction with Work No. 2/137 at a point 78 metres south-east of the junction of Wills Pastures Road with the A423 Banbury Road and terminating at a point 72 metres south-west of the access road to Lower New House Farm. Parishes of Radbourn and Napton-On-The-Hill— Work No. 2/138 - An improvement and realignment of the access road between Welsh Road and Lower Radbourn Farm commencing at a point 430 metres west of Chapel Bank Cottage and terminating by its junction with Welsh Road at a point 1,090 metres north-east of the access to Courtyard House. Work No. 2/138 includes a bridge over Work No. 2/133. Work No. 2/138 to be public highway between points P7 and P4. Parish of Radbourn— Work No. 2/138A - An access road commencing by a junction with Work No. 2/138 at a point 390 metres north-west of Chapel Bank Cottage and terminating at a point 60 metres south-east of its commencement. Parishes of Radbourn, Hodnell with Wells Pastures and Ladbroke— Work No. 2/139 - A road commencing by a junction with Work No. 2/138 at a point 410 metres west of Chapel Bank Cottage and terminating by a junction with Radbourn Lane at a point 540 metres south-west of the access to Ladbroke Grove Farm. Parishes of Radbourn and Ladbroke— Work No. 2/139A - An access road commencing by a junction with Work No. 2/139 at a point 590 metres south of the access to Ladbroke Grove Farm and terminating at a point 10 metres south-east of that access. Work No. 2/139A includes a bridge over Work No. 2/133. Parish of Radbourne— Work No. 2/139B – A road commencing by a junction with the commencement of Work No. 2/138 at a point 430 metres west of Chapel Bank Cottage and terminating at a point 200 metres south-west of Chapel Bank Cottage. Parish of Ladbroke— Work No. 2/140 - A diversion of a watercourse commencing at a point 1,185 metres south-east of the junction of Windmill Lane with the A423 Ladbroke bypass and terminating at a point 220 metres north of its commencement; Work No. 2/141 - A diversion of Windmill Lane commencing at a point 1,120 metres north-east of its junction with the A423 Ladbroke bypass and terminating at a point 560 metres north-west of its commencement. Work No. 2/141 includes a bridge over Work No. 2/133; Work No. 2/141A - A road commencing by a junction with Work No. 2/141 at a point 860 metres north-east of the junction of Windmill Lane with the A423 Ladbroke bypass and terminating at a point 360 metres north of its commencement. Parishes of Ladbroke and Southam— Work No. 2/142 - A diversion of the A423 Banbury Road commencing at a point 130 metres north-west of its junction with Southam Road and terminating at a point 88 metres south of the entrance to Warwick House Industrial Park. Work No. 2/142 includes a bridge over Work No. 2/133. Work No. 2/142A - A road commencing by a junction with Work No. 2/142 at a point 390 metres north-west of the junction of the A423 Banbury Road with Southam Road and terminating at a point 75 metres north-east of its commencement. Work No. 2/142B - An access road to Starbold Farm commencing by a junction with Work No. 2/142 at a point 550 metres north-west of the junction of the A423 Banbury Road with Southam Road and terminating at a point 180 metres north-west of its commencement. Parish of Southam— Work No. 2/142C - A road commencing by a junction with Work No. 2/142 at a point 240 metres south of the junction of the A423 Banbury Road with the access to Warwick Park Industrial Estate and terminating at a point 710 metres south-east of its commencement; Work No. 2/143 - A diversion of a watercourse commencing at a point 320 metres south-west of the junction of the A423 Banbury Road with the access to Warwick Park Industrial Estate and terminating at a point 240 metres south-west of its commencement; Work No. 2/144 - A diversion of Kineton Road commencing at a point 190 metres north of its junction with the access to Fields Farm and terminating at a point 20 metres south-west of its junction with Westfield Road. Work No. 2/144 includes a bridge over Work No. 2/133; Work No. 2/144A - An access road commencing by a junction with Work No. 2/144 at a point 370 metres north of the junction of Kineton Road with the access to Fields Farm and terminating at a point 40 metres north-west of its commencement; Work No. 2/145 - An access road commencing by a junction with Work No. 2/144 at a point 185 metres south-west of the junction of Kineton Road with Westfield Road and terminating at a point 40 metres north-west of its commencement. County of Warwickshire, District of Stratford-on-Avon, Parishes of Long Itchington and Ufton, District of Warwick, Parishes of Offchurch, Cubbington, Weston under Wetherly, Stoneleigh, Kenilworth and Burton Green, Metropolitan Borough of Solihull, Parish of Berkswell — Work No. 2/146 - A railway (21.57 kilometres in length) partly in tunnel and partly on viaduct commencing by a junction with the termination of Work No. 2/133 and passing north-westwards and terminating at a point 270 metres north-west of the bridge carrying Waste Lane over Kenilworth Greenway. Work No. 2/146 includes viaducts over the River Leam, Finham Brook and Work No. 2/175 and bridges over the Grand Union Canal, Work No. 2/151 and the River Avon. County of Warwickshire, District of Stratford-on-Avon, Parish of Long Itchington— Work No. 2/147 - A realignment of the A425 Leamington Road commencing at a point 360 metres east of its junction with the access to Lower Farm and terminating at a point 372 metres west of its commencement. Work No. 2/147 includes a bridge over Work No. 2/146. Parishes of Long Itchington and Ufton— Work No. 2/147A – A temporary diversion of the A425 Southam Road commencing at a point 325 metres east of the junction of that road with the entrance to Lower Farm and terminating at a point 510 metres west of that junction. District of Warwick, Parish of Offchurch— Work No. 2/148 - A diversion of a watercourse commencing at a point 320 metres south-west of the bridge carrying Welsh Road over the Grand Union Canal and terminating at a point 100 metres south-east of the bridge carrying Ridgeway Lane over the Grand Union Canal; Work No. 2/149 - A diversion of Ridgeway Lane commencing at a point 10 metres north of the bridge carrying Ridgeway Lane over the Grand Union Canal and terminating at a point 120 metres north of its commencement; Work No. 2/150 - A gas main diversion commencing beneath a point 190 metres west of the bridge carrying Ridgeway Lane over the Grand Union Canal and terminating at a point 320 metres north-east of its commencement; Work No. 2/151 - A diversion of Welsh Road commencing at a point 55 metres west of its junction with Ridgeway Lane and terminating at a point 700 metres west of its commencement; Work No. 2/151A - A road commencing by a junction with Work No. 2/151 at a point 240 metres south-west of the junction of Ridgeway Lane with Welsh Road and terminating at a point 50 metres north-west of its commencement; Work No. 2/152 - A gas main diversion commencing beneath a point 280 metres south-east of the junction of Welsh Road Farm access track with Welsh Road and terminating beneath a point 336 metres north-east of its commencement; Work No. 2/153 - A diversion of Fosse Way commencing at a point 560 metres south-west of its junction with Welsh Road and terminating at a point 400 metres north of its junction with Long Itchington Road. Work No. 2/153 includes a bridge over Work No. 2/146; Work No. 2/153A - A realignment of Welsh Road commencing at a point 210 metres south-east of its junction with Fosse Way and terminating at a point 60 metres north-west of its junction with Long Itchington Road; Work No. 2/153B - An access road commencing by a junction with Work No. 2/153A at a point 65 metres south-east of the junction of Welsh Road with Fosse Way and terminating at a point 35 metres north-east of its commencement; Work No. 2/153C - A realignment of Long Itchington Road commencing by a junction with Work No. 2/153 at a point 80 metres north of its junction with Fosse Way and terminating at a point 280 metres east of its commencement; Work No. 2/153D - An access road commencing by a junction with Work No. 2/153 at a point 92 metres north-west of the junction of Welsh Road with Fosse Way and terminating at a point 60 metres south-east of its commencement; Work No. 2/153E - A realignment of Long Itchington Road commencing by a junction with Work No. 2/153A at a point 15 metres south-west of the junction of that road with Welsh Road and terminating at a point 45 metres north-east of its commencement; Work No. 2/153G – A temporary diversion of Long Itchington Road commencing by a junction with Work No. 2/153 at a point 70 metres north-west of the junction of that road with Fosse Way and terminating at a point 285 metres south-west of that junction; Work No. 2/153H – An access road commencing by a junction with Work No. 2/153A at a point 60 metres south of the junction of Welsh Road with Long Itchington Road and terminating at a point 50 metres north-west of its commencement; Work No. 2/154 - A footbridge to carry Footpath W192 over Work No. 2/146 commencing at a point 225 metres north-east of the junction of Welsh Road with Long Itchington Road and terminating at a point 320 metres north-east of its commencement; Work No. 2/154B – A cycle track commencing at a point 462 metres north of the junction of Long Itchington Road with Fosse Way and terminating at a point 266 metres north-east of its commencement. Work No. 2/154B includes a bridge over the Fosse Way; Work No. 2/155 - A gas main diversion commencing beneath a point 445 metres north of the junction of Welsh Road with Long Itchington Road and terminating beneath a point 860 metres north of that junction; Work No. 2/156 - A diversion of Hunningham Road commencing at a point 120 metres north-east of its junction with the access road to Manor Farm and terminating at a point 600 metres north-east of its commencement. Work No. 2/156 includes a bridge over Work No. 2/146; Work No. 2/157 - A diversion of a watercourse commencing at a point 540 metres north-east of the junction of the access road to Manor Farm with Hunningham Road and terminating at a point 90 metres north-east of its commencement; Work No. 2/158 - Improvement of the access road to Fields Farm and Fields Farm Cottages commencing by its junction with Hunningham Road and terminating at a point 880 metres north-west of its commencement; Work No. 2/159 - A footbridge to carry Footpath W129y over Work No. 2/146 commencing at a point 715 metres north of the junction of the access road to Manor Farm with Hunningham Road and terminating at a point 80 metres north-east of its commencement. Parishes of Offchurch and Cubbington— Work No. 2/159A – A temporary bridge over the River Leam commencing at a point 330 metres south-west of the junction of footpath W129b with footpath W129x and terminating at a point 35 metres north-west of its commencement; Work No. 2/159B – A temporary bridge over the River Leam commencing at a point 270 metres south-west of the junction of footpath W129b with footpath W129x and terminating at a point 25 metres north west of its commencement. Parishes of Cubbington and Weston under Wetherley— Work No. 2/160 - An access road commencing at a point 970 metres north-west of the junction of Footpath W129d, W129x and W129t and terminating at a point 250 metres north-east of its commencement. Work No. 2/160 includes a bridge over Work No. 2/146; Work No. 2/160A - An access road commencing at a point 640 metres north-west of the junction of Footpath W129d, W129x and W129t and terminating at a point 320 metres north-west of its commencement. Parish of Cubbington— Work No. 2/160B - An improvement of Mill Street and the access road to Lower Grange commencing at a point 675 metres south-east of the junction of that access with Mill Street and terminating at a point 225m north-west of that junction; Work No. 2/161 - A footbridge to carry Footpath W130 over Work No. 2/146 commencing at a point 1,220 metres north-west of the junction of Footpaths W129d, W129x and W129t and terminating at a point 15 metres north-east of its commencement; Work No. 2/162 - A diversion of Rugby Road commencing at a point 564 metres south-east of the junction of the access to Oakdene with Coventry Road and terminating at a point 25 metres north-east of its junction with the access to Wychwood. Work No. 2/162 includes a bridge over Work No. 2/146; Work No. 2/162A - An access road commencing by a junction with Work No. 2/162 at a point 135 metres south-west of the junction of the access to Wychwood with Rugby Road and terminating at a point 45 metres south-east of its commencement. Parishes of Cubbington and Stoneleigh— Work No. 2/163 - A diversion of Coventry Road commencing at a point 105 metres north of its junction with the access track to Oakdene and terminating at a point 855 metres north-east of its commencement. Work No. 2/163 includes a bridge over Work No. 2/146; Work No. 2/163A - An access road commencing by a junction with Work No. 2/163 at a point 845 metres north-east of the junction of the access track to Oakdene with Coventry Road, and terminating 40 metres north-west of its commencement; Work No. 2/164 - A realignment of the A445 Leicester Lane commencing at a point 390 metres south-west of the junction of the access track to Stonehouse Farm with Leicester Lane and terminating at a point 720 metres north-east of that junction. Work No. 2/164 includes a bridge over Work No. 2/146. Parish of Stoneleigh— Work No. 2/164A - An access road commencing by a junction with Work No. 2/164 at a point 200 metres north-east of its junction with Bridle Road and terminating at a point 20 metres south-west of that junction. Parishes of Stoneleigh and Cubbington— Work No. 2/164B - An access road commencing by a junction with Work No. 2/164 at a point 235 metres north-west of the junction of the access track to Stonehouse Farm with Leicester Lane and terminating at a point 220 metres south-west of its commencement; Work No. 2/165 - A gas main diversion commencing beneath a point 245 metres north-east of the junction of Bridle Road with Leicester Lane and terminating beneath a point 350 metres south-west of the junction of the access track to Stonehouse Farm with Leicester Lane. Work No. 2/166 - A diversion of Stoneleigh Road commencing at a point 190 metres north of its junction with the access road to Rectory Cottages and terminating at a point 230 metres north-east of the junction of Stareton Lane with Stoneleigh Road. Work No. 2/166 includes a bridge over Work No. 2/146; Work No. 2/166A - A road commencing by a junction with Work No. 2/166 at a point 60 metres south-east of the junction of Stareton Lane with Stoneleigh Road and terminating at a point 20 metres north-west of that junction; Work No. 2/166B - An access road commencing by a junction with Work No. 2/166 at a point 60 metres south-east of the junction of Stareton Lane with Stoneleigh Road and terminating at a point 190 metres south-east of its commencement; Work No. 2/166C - A diversion of Stareton Lane commencing by a junction with Work No. 2/166 at a point 130 metres north-east of its junction with Stoneleigh Road and terminating at a point 42 metres south-west of its junction with Bridle Road; Work No. 2/166D - An access road commencing by a junction with Work No. 2/166D at a point 158 metres north-east of the junction of Stareton Lane with Stoneleigh Road and terminating at a point 210 metres east of the junction of Bridle Road with Stareton Lane; Work No. 2/166E - An access road commencing at a point 140 metres north-west of the junction of Stoneleigh Road with Stareton Lane and terminating at the junction of 9th Street with Avenue A; Work No. 2/166F - An access road commencing by a junction with Work No. 2/166E at a point 90 metres east of the junction of 9th Street with Avenue A and terminating at a point 140 metres north-east of its commencement. Work No. 2/166F includes a bridge over Work No. 2/146; Work No. 2/166G - An access road commencing by a junction with the termination of Work No. 2/166F at a point 208 metres north-east of the junction of Avenue A with 9th Street and terminating by a junction with Work No. 2/166E at a point 525 metres north-west of the junction of Stoneleigh Road and Stareton Lane. Work No. 2/166G includes a bridge over Work No. 2/146. Parishes of Stoneleigh and Ashow— Work No. 2/167 - A diversion of Ashow Road commencing at a point 1,010 metres north-east of its junction with Crew Lane and terminating at a point 90 metres south-west of that junction. Work No. 2/167 includes a bridge over Work No. 2/146. Work No. 2/167A - A road commencing by a junction with Work No. 2/167 at a point 775 metres north-east of the junction of Crew Lane with Ashow Road and terminating at a point 108 metres south of its commencement. Parishes of Stoneleigh and Kenilworth— Work No. 2/168 - A gas main diversion commencing beneath a point 215 metres north-west of the junction of Crew Lane with Ashow Road and terminating beneath a point 350 metres south of the junction of the access to Kingswood Farm with Dalehouse Lane; Work No. 2/168A - A temporary diversion of the A46 Kenilworth Bypass commencing at a point 10 metres north-east of the bridge carrying that road over Crew Lane and terminating at a point 815 metres north-east of its commencement; Work No. 2/169 - A realignment of the A46 Kenilworth Bypass commencing at a point 10 metres north-east of the bridge carrying that road over Crew Lane and terminating at a point 800 metres north-east of its commencement. Work No. 2/169 includes a bridge over Work No. 2/146. Parish of Kenilworth— Work No. 2/170 - A footbridge carrying Footpath K29 over Work No. 2/146 commencing at a point 499 metres south-west of the junction of the access road to Kingswood Farm with Dalehouse Lane and terminating at a point 94 metres north-east of its commencement. Work No. 2/171 - A diversion of Dalehouse Lane commencing at a point 230 metres south-west of its junction with the access road to Kingswood Farm and terminating at a point 530 metres south-west of its commencement. Work No. 2/171 includes a bridge over Work No. 2/146; Work No. 2/171A - A road commencing by a junction with Work No. 2/171 at a point 640 metres south-west of the junction of the access road to Kingswood Farm with Dalehouse Lane and terminating at a point 180 metres north-east of its commencement. Work No. 2/172 - An access road commencing at a point 90 metres east of the bridge carrying the Coventry to Leamington Spa Line over the access road to Milburn Grange and terminating at a point 210 metres north-east of that bridge. Work No. 2/172 includes a bridge over Work No. 2/146; Work No. 2/173 - A diversion of the A429 Kenilworth Road commencing at a point 270 metres north-east of the junction of Arborfields Close with the A429 Coventry Road and terminating at a point 532 metres north-east of its commencement. Work No. 2/173 includes a bridge over Work No. 2/146; Work No. 2/174 - A realignment of the access road to Milburn Grange commencing by a junction with Work No. 2/173 at a point 40 metres south-west of the junction of the existing access with Kenilworth Road and terminating at a point 230 metres south-east of that junction; Work No. 2/175 - A diversion of Canley Brook commencing at a point 270 metres north-east of the junction of Arborfields Close with Coventry Road and terminating at a point 195 metres south-east of Oak Tree Cottages; Work No. 2/175A - A diversion of Canley Brook commencing by a junction with Work No.

2/175 at a point 260 metres south of Oak Tree Cottages and terminating at a point 640 metres north-east of the junction of Arborfields Close with Coventry Road; Work No. 2/175B – A temporary diversion of Canley Brook commencing at a point 265 metres north-east of the bridge carrying the A429 Coventry Road over that brook and terminating at a point 160 metres north-east of that bridge; Work No. 2/176 - A bridge carrying Bridleway W164 over Work No. 2/146 commencing at a point 560 metres south-east of the junction of Blind Lane with Crackley Lane and terminating at a point 200 metres north-east of its commencement; Work No. 2/177 - A diversion of a watercourse commencing at a point 405 metres north-east of the junction of Blind Lane with Crackley Lane and terminating at a point 60 metres south-west of its commencement. Parish of Burton Green— Work No. 2/178 - A diversion of Crackley Lane commencing at a point 7 metres south-east of its junction with Blind Lane and terminating at a point 460 metres north-west of its commencement. Work No. 2/178 includes a bridge over Work No. 2/146; Work No. 2/178A - A diversion of Cryfield Grange Road commencing by a junction with Work No. 2/178 at a point 96 metres north-west of its junction with Crackley Lane and terminating at a point 110 metres south-east of its commencement; Work No. 2/179 - A diversion of a watercourse commencing at a point 305 metres south-east of the junction of Footpath W168 with Footpath W168a and terminating at a point 110 metres north-east of its commencement; Work No. 2/179A – An access road commencing by a junction with Bockendon Road at a point 20 metres south-east of the junction of footpath W168a with that road and terminating at a point 154 metres north-west of the junction of footpath K7 with footpath W168; Work No. 2/180 - A diversion of a fuel pipeline commencing beneath a point 582 metres north-east of the junction of Footpath W169 with Red Lane and terminating at a point 212 metres north-east of that junction; Work No. 2/181A - A diversion of a watercourse commencing at a point 150 metres north-east of the junction of Footpath W169 with Red Lane and terminating by a junction with the commencement of Work No. 2/179 at a point 120 metres north of the junction of footpath K7 with footpath W168. County of Warwickshire, District of Warwick, Parish of Burton Green, Metropolitan Borough of Solihull, Parish of Berkswell— Work No. 2/182 - A diversion of Kenilworth Greenway commencing at a point 312 metres south-east of its junction with Footpath W169 and terminating at a point 317 metres south-east of the bridge carrying Waste Lane over Kenilworth Greenway; Work No. 2/183B - A temporary cycle track commencing at a point 312 metres south-east of the junction of Footpath W169 with Kenilworth Greenway and terminating at a point 280 metres south-west of the bridge carrying Waste Lane over Kenilworth Greenway. County of Warwickshire, District of Warwick, Parish of Burton Green— Work No. 2/183 - A diversion of Cromwell Lane commencing at a point 156 metres south of its junction with Hodgetts Lane and terminating at a point 170 metres north of its commencement. Work No. 2/183 includes bridges over Works Nos. 2/146 and 2/182; Work No. 2/183A - A temporary diversion of Cromwell Lane commencing at a point 124 metres south of its junction with Hodgetts Lane and terminating at a point 140 metres north of its commencement. Metropolitan Borough of Solihull, Parish of Berkswell— Work No. 2/184 - A footbridge carrying Footpath M186 as proposed to be diverted over Work No. 2/146 commencing at a point 320 metres south-east of the junction of the access road to Maple Field House with Waste Lane and terminating at a point 180 metres north-east of its commencement; Work No. 2/185 - A realigned access road commencing at a point 850 metres north-west of the junction of Hodgetts Lane with Cromwell Lane and terminating at a point 260 metres south-east of the bridge carrying Waste Lane over Kenilworth Greenway; Work No. 2/186 - A realignment of Waste Lane commencing at a point 220 metres south-west of its junction with Hodgetts Lane and terminating at a point 454 metres south-west of its commencement. Work No. 2/186 includes a bridge over Work No. 2/146; Work No. 2/187 - A diversion of a fuel pipeline commencing beneath a point 512 metres south-west of the junction of Waste Lane with Hodgetts Lane and terminating at a point 148 metres north-west of its commencement. County of Warwickshire, District of North Warwick, Parishes of Great Packington, Little Packington and Coleshill— Work No. 3/1 - A railway (10.9 kilometres in length) commencing by a junction with Work No. 2/146 at its termination, passing north-westwards and terminating by a junction with Work No. 3/25 at a point 440 metres north of the junction of Solihull Parkway with Blackfirs Lane. Work No. 3/1 includes bridges over the Rugby to Birmingham Line, Works Nos. 3/10A and 3/18; viaducts over Truggist Lane, Work No. 3/3, Meriden Road, Bayley's Brook, the River Blythe and the M42 Motorway; and a new station (Birmingham Interchange Station). Work No. 3/1A - A temporary cycle track commencing by a junction with Work No. 2/183B at its termination and terminating by a junction with Footpath M191 at a point 470 metres south-east of the bridge carrying the Rugby to Birmingham Line over Truggist Lane; Work No. 3/1B - A diversion of a fuel pipeline commencing by a junction with Work No. 2/187 at its termination and terminating beneath a point 375 metres east of the bridge carrying the Rugby to Birmingham Line over Truggist Lane; Work No. 3/2 - A diversion of a watercourse commencing at a point 780 metres south-east of the bridge carrying Footpath M191 over the Rugby to Birmingham Railway and terminating 400 metres north-west of its commencement; Work No. 3/3 - A diversion of Bayley's Brook commencing at a point 170 metres north of the bridge carrying the Rugby to Birmingham Railway over Truggist Lane and terminating at a point 110 metres north-west of its commencement; Work No. 3/4 - A diversion of a water main commencing beneath a point 395 metres south of the junction of Park Lane with Lavender Hall Lane and terminating beneath a point 446 metres north-east of its commencement; Work No. 3/5 - A realignment of Lavender Hall Lane commencing at a point 150 metres north of the junction of that road with Hallmeadow Road and terminating at a point 550 metres north-east of its commencement. Work No. 3/5 includes bridges over Works Nos. 3/1 and 3/6; Work No. 3/5A - A realignment of Park Lane commencing by a junction with Work No. 3/5 at a point 190 metres south-west of the junction of that road with Lavender Hall Road and terminating by a junction with Work No. 3/5B at a point 20 metres south of the junction of Park Lane with Kenilworth Road; Work No. 3/5B - A reconstruction of the junction of Park Lane with Kenilworth Road commencing in Kenilworth Road at a point 40 metres north-west of the bridge carrying Kenilworth Road over the Rugby to Birmingham Railway and terminating at point 300 metres north-west of its commencement; Work No. 3/5C - A footbridge over Work No. 3/1 commencing at a point 310 metres east of the junction of Park Lane with Kenilworth Road and terminating at a point 100 metres north-east of its commencement; Work No. 3/6 - A diversion of a watercourse commencing at a point 130 metres north-east of the junction of Park Lane with Lavender Hall Lane and terminating at a point 60 metres north-east of that junction; Work No. 3/7 - A diversion of a high pressure gas main commencing beneath a point 320 metres south-east of the access to New Mercote Farm and terminating beneath a point 325 metres east of the junction of Bridleway M218 with Kenilworth Road; Work No. 3/7A - A footbridge over Work No. 3/1 commencing at a point 750 metres east of the junction of Kenilworth Road with Bradnock's Marsh Lane and terminating at a point 72 metres north-east of its commencement; Work No. 3/8 - A diversion of a watercourse commencing at a point 400 metres east of the access to New Mercote Farm and terminating at a point 630 metres north of the junction of Bradnock's Marsh Lane with Kenilworth Road. Parishes of Berkswell, Hampton-in-Arden and Meriden— Work No. 3/9 - A realignment of the A452 Kenilworth Road commencing at a point 380 metres north of the junction of Bradnock's Marsh Lane with Kenilworth Road, passing northwards and terminating at a point 10 metres south of its junction with Cornets End Lane and Meriden Road. Work No. 3/9 includes bridges over Works Nos. 3/1, 3/9B and 3/11. Parish of Berkswell— Work No. 3/9A - A realignment of an access road and bridleway M218 commencing by a junction with Work No. 3/9 at a point 180 metres south-east of the junction of Marsh Lane with Kenilworth Road and terminating at a point 370 metres east of that junction. Work No. 3/9A includes a bridge over Work No. 3/1; Work No. 3/9B - A diversion of Bayley's Brook commencing at a point 65 metres east of the junction of Marsh Lane with Kenilworth Road and terminating at a point 70 metres east of its commencement; Work No. 3/9C - A road, forming an extension of Marsh Lane, commencing by a junction with Work No. 3/9 at a point 80 metres east of the junction of Marsh Lane and Kenilworth Road (A452) and terminating by a junction with Marsh Lane at a point 106 metres south-west of its commencement. Parish of Hampton-in-Arden— Work No. 3/10 - An access road commencing by a junction with Marsh Lane at a point 225 metres south-east of the bridge carrying Meriden Road over the River Blythe and terminating by a junction with Meriden Road at a point 55 metres north-east of that bridge; Work No. 3/10A - A realignment of Meriden Road commencing at a point 92 metres north-east of the bridge carrying that road over the River Blythe and terminating at a point 150 metres north-east of its commencement. Work No. 3/11 - A diversion of Horn Brook commencing at a point 550 metres south-west of the junction of Meriden Road with Cornets End Lane and terminating at a point 410 metres south of that junction. Work No. 3/11A - A diversion of a watercourse commencing by a junction with Work No. 3/11 at a point 560 metres south of the junction of Cornets End Lane with Meriden Road and terminating at a point 646 metres south-east of that junction. Work No. 3/14 - A diversion of a water main commencing beneath a point 400 metres north-east of the junction of Diddington Lane with Meriden Road and terminating beneath a point 294 metres east of its commencement; Work No. 3/15 - A diversion of the access road to Pasture Farm commencing by a junction with Work No. 3/15A at a point 220 metres west of the junction of that access road with Diddington Lane and terminating by a junction with the access road to Pasture Farm at a point 160 metres south-west of its commencement. Work No. 3/15 includes a bridge over Work No. 3/1; Work No. 3/15A - A diversion of the access road from Diddington Lane to Pasture Farm commencing in that road at a point 155 metres west of the junction of that access road with Diddington Lane and terminating by a junction with Work No. 3/16B at a point 310 metres north-west of its commencement; Work No. 3/15B - An access road commencing by a junction with Work No. 3/15C at a point 300 metres north-west of the bridge carrying Diddington Lane over Shadow Brook and terminating at a point 244 metres north-west of its commencement; Work No. 3/15C – A diversion of Diddington Lane commencing at a point 416 metres north of its junction with Meriden Road and terminating at a point 208 metres south-west of its junction with the A452 Kenilworth Road; Work No. 3/15D – A bridge over Shadow Brook commencing at a point 50 metres east of the bridge carrying Diddington Lane over Shadow Brook and terminating at a point 30 metres north-west of its commencement. Parishes of Hampton-in-Arden and Bickenhill— Work No. 3/16 - A realignment of the A45 Coventry Road commencing at a point 240 metres south-west of the bridge carrying Middle Bickenhall Lane over Eastway and terminating by a junction with the A452 Chester Road at a point 40 metres west of the centre of the A45 Coventry Road/A452 Chester Road roundabout. Work No. 3/16 includes a bridge over Work No. 3/1; Work No. 3/16A - A realignment of the A45 Coventry Road west bound link and slip road commencing at a point 200 metres south-west of a bridge carrying Middle Bickenhall Lane over Eastway and terminating at a point 70 metres north-west of the centre of the A45 Coventry Road/A452 Chester Road roundabout. Work No. 3/16A includes a bridge over Work No. 3/1. Work No. 3/16B - A realignment of the A45 Coventry Road service road commencing at a point 190 metres south-west of the bridge carrying Middle Bickenhall Lane over Eastway and terminating at a point 310 metres west of the centre of the A45 Coventry Road/A452 Chester Road roundabout. Work No. 3/16B includes a bridge over Work No. 3/1. Parish of Bickenhill— Work No. 3/16C - A realignment of Eastway commencing at a point 160 metres east of the bridge carrying Middle Bickenhall Lane over Eastway and terminating at a point 320 metres west of the centre of the A45 Coventry Road/A452 Chester Road roundabout. Work No. 3/16C includes a bridge over Work No. 3/1. Work No. 3/16D - An access road commencing by a junction with Work No. 3/16B at a point 130 metres south of the bridge carrying Middle Bickenhill Lane over Eastway and terminating at a point 310 metres south-west of that bridge; Work No. 3/16E - A widening of the eastern side of the junction of the A45 Service Road and the M42 Motorway southbound slip road between points 228 metres north-east and 120 metres south-west of that junction; Work No. 3/16F - A widening of the eastern side of the M42 Motorway southbound slip road from the A45 Coventry Road between points 90 metres and 200 metres south of its junction with Old Station Road; Work No. 3/16G - A widening of the M42 Motorway southbound slip road between points 100 metres and 170 metres south of the bridge carrying Eastway over that Motorway; Work No. 3/16H - A widening of the junction of the A45 Coventry Road slip road with South Way between points 60 metres and 190 metres south-west of that junction. Work No. 3/17 - A diversion of a watercourse commencing at a point 130 metres north-east of the junction of the A45 Coventry Road with the Eastway Link Road and terminating by a junction with Hollywell Brook at a point 260 metres south-west of the bridge carrying the A452 Chester Road over Hollywell Brook; Work No. 3/18 - A diversion of Hollywell Brook commencing at a point 400 metres west of the bridge carrying the A452 Chester Road over Hollywell Brook and terminating at a point 700 metres west of that bridge. Metropolitan Borough of Solihull, Parishes of Hampton-in-Arden and Bickenhill, County of Warwickshire, District of North Warwickshire, Parishes of Great Packington and Little Packington— Work No. 3/19 - A realignment of the A452 Kenilworth Road commencing at a point 40 metres south-east of its junction with Diddington Lane and terminating in Chester Road at a point 150 metres south-east of the bridge carrying Chester Road over Packington Lane. Metropolitan Borough of Solihull, Parish of Bickenhill— Work No. 3/19A - An access road commencing by a junction with Work No. 3/19 at a point 335 metres south-east of the bridge carrying the A452 Chester Road over Holywell Brook and terminating at a point 425 metres south-east of that bridge. County of Warwickshire, District of North Warwickshire, Parish of Little Packington, Metropolitan Borough of Solihull, Parish of Bickenhill— Work No. 3/19B - A road commencing at a point 320 metres south-east of the bridge carrying A452 Chester Road over Packington Lane and terminating at a point 200 metres south of that bridge. Work No. 3/19B includes a bridge over Work No. 3/19B. Work No. 3/19C - A road commencing in the A452 Chester Road at a point 240 metres north-west of the bridge carrying that road over Hollywell Brook and terminating by a junction with Work No. 3/19B at a point 200 metres south of the bridge carrying the A452 Chester Road over Packington Lane; Work No. 3/20 - An elevated People Mover commencing at a point 185 metres north-west of the centre of the Airport Way and Hermes Road roundabout at Birmingham International Airport passing eastwards over Vanguard Road, Bickenhill Lane, Birmingham International Station, Pendigo Way, Eastway, the M42 Motorway and Middle Bickenhill Lane and terminating at a point 498 metres south of the junction of Middle Bickenhill Lane with the A452 Chester Road; Work No. 3/20A - An elevated People Mover commencing by a junction with Work No. 3/20 at a point 110 metres west of the crossing of Middle Bickenhill Lane over Hollywell Brook passing eastwards then south-eastwards and terminating at a point 137 metres north-east of the junction of the Eastway Link Road with Eastway. Work No. 3/20A includes a depot for the proposed People Mover; Work No. 3/21 - A realignment of Pendigo Way, commencing at a point 40 metres south of its junction with Eastway and terminating at a point 115 metres north of that junction; Work No. 3/21A - A realignment of Eastway, commencing at a point 70 metres east of its junction with Pendigo Way and terminating by a junction with Work No. 3/21 at a point 62 metres north-west of its junction with Pendigo Way; Work No. 3/22 - A diversion of the A452 Chester Road commencing at a point 155 metres north-west of the bridge carrying the A452 Chester Road over Packington Lane and terminating at a point 360 metres south-west of the centre of the roundabout carrying the A446/A452 over the M42 motorway. Work No. 3/22 includes bridges over the M42 motorway and the A446 Stonebridge Road; Work No. 3/22A - A realignment of Northway commencing by a junction with Works Nos. 3/22B and 3/22C at a point 58 metres north-east of the centre of the B4438/Northway roundabout and terminating at a point 170 metres south of that roundabout; Work No. 3/22B - A realignment of the B4438 Road commencing by a junction with Works Nos. 3/22A and 3/22C at a point 58 metres north-east of the centre of the B4438/Northway roundabout and terminating at a point 150 metres west of that roundabout; Work No. 3/22C - A realignment of the access road to the Holiday Inn Express (Birmingham NEC) hotel, commencing at a point 58 metres north-east of the centre of the B4438/Northway roundabout and terminating at a point 95 metres west of that roundabout; Work No. 3/22D - A realignment of Solihull Parkway commencing by a junction with Work No. 3/22 at a point 100 metres west of the centre of the A452/A446/B4438 roundabout over the M42 Motorway and terminating at a point 160 metres west of its commencement; Work No. 3/22E - A diversion of the A452 Chester Road commencing at a point 20 metres north of the junction of Middle Bickenhill Lane with the A452 Chester Road and terminating by a junction with Work No. 3/22 at a point 110 metres south-west of the bridge carrying the A452 Chester Road over the A446 Stonebridge Road. Metropolitan Borough of Solihull, Parish of Bickenhill, County of Warwickshire, District of North Warwickshire, Parish of Little Packington— Work No. 3/22F - An access road commencing by a junction with Works Nos. 3/22 and 3/22G at a point 200 metres west of bridge carrying the A452 Chester Road over the A446 Stonebridge Road and terminating by a junction with the existing access to the Quartz Point Business Park at a point 75 metres east of the junction of that access with the A452 Chester Road. Metropolitan Borough of Solihull, Parish of Bickenhill, County of Warwickshire, District of North Warwickshire, Parishes of Coleshill and Little Packington— Work No. 3/22G - A diversion of the A452 Chester Road and the A446 commencing by a junction with Works Nos. 3/22 and 3/22F at a point 200 metres west of the bridge carrying the A452 Chester Road over the A446 Stonebridge Road and terminating at a point 400 metres north-east of the centre of the A452/A446/B4438 roundabout over the M42 Motorway. Work No. 3/23 - A diversion of a watercourse commencing at a point 390 metres south-west of the bridge carrying the A452 Chester Road over the A446 Stonebridge Road and terminating by a junction with that watercourse at a point 310 metres north-west of the bridge carrying the A452 Chester Road over Packington Lane. County of Warwickshire, District of South Warwickshire, Parish of Coleshill— Work No. 3/24 - A widening of the bridge carrying the northbound carriageway of the A446 Stonebridge Road over the M6 Motorway to M42 Motorway Link Road commencing at a point 110 metres south of the centre of the roundabout over the M6 Motorway and terminating at a point 100 metres south-west of that roundabout; Work No. 3/24A - A widening of the south-western side of the junction of the A446 Stonebridge Road and the M6 Motorway between points 20 metres south-west and 120 metres south-east of that junction; Work No. 3/24B - A widening of the north-western side of the junction of the A446 Stonebridge Road and the M6 Motorway between points 90 metres north and 145 metres west of that junction. Metropolitan Borough of Solihull, Parishes of Bickenhill and Chelmsley Wood, County of Warwickshire, District of North Warwickshire, Parish of Coleshill— Work No. 3/25 - A railway (5.27 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 3/1 passing northwards and terminating at a point 195 metres west of the roundabout junction in Coleshill Industrial Estate. Work No. 3/25 includes bridges over Works Nos. 3/26, 3/28 and 3/151 and viaducts over the M6 Motorway, M6 Motorway Slip Road, M6-M42 Link Road, M42 Motorway, M6/M42 Motorway, Coleshill Brook, Works Nos. 3/26B, 3/26C, 3/26D, 3/27A, 3/29, 3/32 and 3/32B. Metropolitan Borough of Solihull, Parishes of Bickenhill and Chelmsley Wood— Work No. 3/26 - A realignment of Coleshill Heath Road commencing at a point 20 metres north-east its junction with Yorkminster Drive and terminating at a point 145 metres north-east of its commencement; Work No. 3/26A - An access road commencing by a junction with Work No. 3/26 at a point 145 metres north-east of the junction of Yorkminster Drive with Coleshill Heath Road and terminating at a point 80 metres south-east of its commencement. County of Warwickshire, District of North Warwickshire, Parish of Coleshill— Work No. 3/26B - A diversion of a watercourse commencing at a point 180 metres north-east of the intersection of the M42/M6 eastbound link and the M6 eastbound off slip road and terminating at a point 125 metres north-west of its commencement; Work No. 3/26C - A diversion of a watercourse commencing at a point 195 metres north of the intersection of the M42/M6 eastbound link and the M6 eastbound off slip road and terminating at a point 232 metres north-east of its commencement; Work No. 3/26D - A diversion of a watercourse commencing at a point 230 metres north of intersection of the M42/M6 eastbound link and the M6 eastbound off slip road and terminating by a junction with Work No. 3/26C at a point 45 metres east of its commencement; Work No. 3/27 - A gas main diversion commencing beneath a point 200 metres north-west of the intersection of the M42/M6 eastbound link and the M6 eastbound off slip road and terminating beneath a point 235 metres west of the junction of Footpath M72 with Footpath M76; Work No. 3/27A - A diversion of a watercourse commencing at a point 255 metres south-west of the junction of Footpath M72 with Footpath M76 and terminating at a point 350 metres south-west of that junction; Work No. 3/27B – An access road commencing at a point 242 metres south-west of the junction of footpath M72 with footpath M76 and terminating at a point 508 metres north-west of the intersection of the M42/M6 eastbound link and the M6 eastbound off slip road; Work No. 3/28 - A diversion of Birmingham Road commencing at a point 7 metres south-west of the bridge carrying that road over the River Cole and terminating at a point 90 metres north-east of its junction with Manor Drive; Work No. 3/28A - A diversion of Manor Drive commencing by a junction with Work No. 3/28 at a point 40 metres north-east of the bridge carrying Birmingham Road over the River Cole and terminating at a point 115 metres south-east of the junction of South Drive with Manor Drive. Work No. 3/28A includes a bridge over Work No. 3/29; Work No. 3/28B - A temporary diversion of Birmingham Road commencing at a point 25 metres north-east of the bridge carrying that road over the River Cole and terminating at a point 512 metres south-east of the bridge carrying Manor Drive over the River Cole; Work No. 3/29 - A diversion of the River Cole commencing at a point 210 metres south-east of the junction of South Drive with Manor Drive and terminating at a point 300 metres south-west of the bridge carrying Footpath M56 over the River Cole; Work No. 3/30 - A temporary bridge over the M42 motorway commencing at a point 312 metres south-west of the bridge carrying Footpath M56 over the River Cole and terminating at a point 70 metres north-east of its commencement; Work No. 3/31 - A sewer diversion commencing beneath a point 260 metres west of the bridge carrying Footpath M56 over the River Cole and terminating beneath a point 360 metres south-east of the junction of Gilson Drive with Gilson Road; Work No. 3/32 - A diversion of Gilson Road commencing at a point 285 metres south-east of its junction with Gilson Drive and terminating at a point 20 metres north-west of its junction with Footpath M63; Work No. 3/32A - A diversion of Gilson Drive commencing by a junction with Work 3/32 at a point 230 metres south of its junction with Gilson Road and terminating at a point 100 metres south of its commencement; Work No. 3/32B - A diversion of a watercourse commencing at a point 165 metres south-east of the junction of Gilson Drive with Gilson Road and terminating at a point 25 metres south-east of that junction; Work No. 3/32C - A diversion of a watercourse commencing at a point 285 metres south-east of the junction of Gilson Drive with Gilson Road and terminating at a point 40 metres north-west of its commencement; Work No. 3/33 - A footbridge to carry Footpaths M60 and M62 over Work No. 3/25 commencing at a point 115 metres north of the junction of Gilson Drive with Gilson Road and terminating at a point 80 metres east of its commencement; Work No. 3/34 - A diversion of a sewer commencing beneath a point 265 metres south-west of the junction of Footpath M62 with the A446 Lichfield Road and terminating at a point 495 metres north-west of its commencement. Parishes of Water Orton and Coleshill— Work No. 3/34A – A temporary diversion of the A446 Lichfield Road commencing at a point 120 metres south-east of the bridge carrying that road over the Birmingham to Nuneaton line and terminating at a point 110 metres south-east of the junction of that road with Gorsey Lane; Work No. 3/34B - A diversion of a gas main commencing beneath a point 50 metres north of the junction of the A446 Lichfield Road with Gorsey Lane and terminating beneath a point 170 metres north of the junction of Attleboro Lane with the access to Attleboro Farm; Work No. 3/34C - A diversion of a gas main commencing beneath a point 60 metres north-west of the junction of the A446 Lichfield Road with Gorsey Lane and terminating beneath a point 80 metres south-east of the junction of Gypsy Lane with Watton Lane; Work No. 3/34D - A diversion of a gas main commencing beneath a point 80 metres north of the junction of the A446 Lichfield Road with Gorsey Lane and terminating beneath a point 220 metres south-east of the bridge carrying the Birmingham and Derby Line over the Minworth Effluent Conduit; Work No. 3/34E - A diversion of a gas main commencing beneath a point 140 metres north of the junction of the A446 Lichfield Road with Gorsey Lane and terminating beneath a point 150 metres east of the bridge carrying the M42/M6 Toll Motorway over the Birmingham to Nuneaton Line. Parishes of Coleshill, Water Orton and Curdworth— Work No. 3/35 - A spur railway (3.35 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 3/25 and the commencement of Work No. 3/36, passing northwards and terminating at a point 240 metres north-west of the junction of Marston Lane with the A4097 Kingsbury Road. Work No. 3/35 includes viaducts over the A446 Lichfield Road, Birmingham to Nuneaton Line, River Tame, Minworth Effluent Conduit, Birmingham and Derby Line, Work No. 3/39B and a bridge over Work No. 3/41. Parishes of Coleshill, Water Orton, Curdworth, Lea Marston, Kingsbury and Middleton— Work No. 3/36 - A railway (4.95 kilometres in length) partly on viaduct commencing by a junction with the termination of Work No. 3/25 and the commencement of Work No. 3/35, passing northwards and terminating at a point 600 metres north-west of the junction of Bridleway T18 with Bridleway T154. Work No. 3/36 includes viaducts over the A446 Lichfield Road, Birmingham to Nuneaton Line, River Tame, Minworth Effluent Conduit, Birmingham and Derby Line, M42 Motorway, Birmingham and Fazeley Canal, Work No. 3/39B and bridges over Works Nos. 3/41, 3/40 and Byway T179. Parish of Water Orton— Work No. 3/37 - A sewer diversion commencing beneath a point 90 metres north-east of the junction of Watton Lane with the A446 Lichfield Road and terminating beneath a point 260 metres north of the junction of the access to Bromwich Court with the A446 Lichfield Road. Work No. 3/38A - A diversion of a watercourse commencing at a point 265 metres north of the junction of Watton Lane with the A446 Lichfield Road and terminating at a point 325 metres south of the bridge carrying the Birmingham and Derby Line above the Minworth Effluent Conduit. Parishes of Coleshill and Curdworth— Work No. 3/38B – A temporary bridge over the River Tame commencing at a point 300 metres south-east of the bridge carrying the Birmingham and Derby Line over that river and terminating at a point 35 metres north of its commencement. Parish of Curdworth— Work No. 3/39B - A temporary railway (0.95 kilometres in length) commencing by a junction with the Birmingham and Derby Line at a point 35 metres south-west of the bridge carrying the Birmingham and Derby Line over the Minworth Effluent Conduit passing north-eastwards and terminating by a junction with Work No. 3/39C at a point 310 metres south-west of the junction of the access to Hams Hall electricity substation with Hams Lane. Parishes of Lea Marston, Curdworth and Kingsbury— Work No. 3/39C - A temporary railway (5.12 kilometres in length) commencing by a junction with the Birmingham and Derby Line at a point 155 metres south-west of the bridge carrying that railway over the River Tame passing south-westwards and then northwards and terminating at a point 330 metres north-east of Marston Farm Hotel. Parishes of Curdworth and Lea Marston— Work No. 3/39D - A temporary railway (1.23 kilometres in length) commencing by a junction with Work No. 3/39C at a point 265 metres south-west of the junction of Marston Lane with the A4097 Kingsbury Road passing north-eastwards and terminating at a point 380 metres south-west of the junction of footpath M22 with Seeneys Lane. Work No. 3/40 - A spur railway (1.90 kilometres in length) commencing by a junction with Work No. 3/36 at a point 370 metres north-west of the southernmost bridge carrying Faraday Avenue over the Birmingham and Derby Line passing northwards and terminating by a junction with the termination of Work No. 3/35 at a point 240 metres north-west of the junction of Marston Lane with the A4097 Kingsbury Road. Work No. 3/40 includes a bridge over Faraday Avenue; Work No. 3/41 - A realignment of Faraday Avenue commencing at a point 25 metres south-east of the bridge carrying that road over the Birmingham and Derby Line and terminating at a point 15 metres east of the centre of the Lichfield Road/Faraday Road roundabout; Work No. 3/41A - An access road commencing at a point 110 metres south-west of the junction of the access to Newlands Farm with Faraday Avenue and terminating by a junction with Work No. 3/41 at a point 60 metres north-west of the centre of the bridge carrying Faraday Avenue over the Birmingham and Derby Line; Work No. 3/41C - A realignment of Hams Lane commencing by a junction with Work No. 3/41D at a point 10 metres north-east of its junction with Faraday Avenue and terminating at a point 380 metres south-west of its junction with the access road to Hams Hall electricity substation. Work No. 3/41C includes a bridge over Work No. 3/39C; Work No. 3/41D - A temporary diversion of Hams Lane commencing by its junction with Faraday Avenue and terminating at a point 375 metres south-west of its junction with the access road to Hams Hall electricity substation. Work No. 3/43 - An access road commencing at a point 80 metres north-east of the centre of the bridge carrying the A446 Lichfield Road over the Minworth Effluent Conduit and terminating at a point 150 metres north-east of the junction of the access to Hams Hall electricity substation with Hams Lane. Work No. 3/43 includes bridges over Works Nos. 3/35, 3/36, 3/39C, 3/40, 3/41 and 3/41B. Work No. 3/44 - A diversion of the A4097 Kingsbury Road commencing at a point 110 metres north-east of its junction with the M42 Junction 9 roundabout and terminating at a point 110 metres south-west of its junction with Marston Lane. Work No. 3/44 includes bridges over Works Nos. 3/35, 3/36, 3/39C and 3/40; Work No. 3/44A - An access road commencing at a point 75 metres south-east of the junction of Kingsbury Road with Footpath M14 and terminating by a junction with Work No. 3/44 at a point 255 metres south west of the junction of Marston Lane with Kingsbury Road. Work No. 3/45A - A diversion of a fuel pipeline commencing beneath a point 20 metres west of Fox's Bridge over the Birmingham and Fazeley Canal and terminating beneath a point 230 metres north-east of the junction of Marston Lane with Kingsbury Road. Parishes of Wishaw and Middleton— Work No. 3/45B - An improvement of Cuttle Mill Lane commencing at a point 580 metres south-east of its junction with the A4091 Tamworth Road and terminating at a point 10 metres south-east of that junction. Work No. 3/46 - A spur railway (0.07 kilometres in length) commencing by a junction with the termination of Works Nos. 3/35 and 3/40 passing north-eastwards and terminating at a point 65 metres north-east of its commencement. Parishes of Lea Marston and Kingsbury— Work No. 3/47A - A diversion of a watercourse commencing at a point 310 metres north-east of Marston Farm Hotel and terminating at a point 95 metres north-west of its commencement. Parish of Lea Marston— Work No. 3/47B – An access road commencing at a point 6 metres south-east of the bridge carrying Seeney Lane over the M42 motorway and terminating at a point 128 metres west of the junction of footpath M22 with Seeney Lane. County of Warwickshire, District of North Warwickshire, Parish of Middleton, County of Staffordshire, District of Lichfield, Parishes of Drayton Bassett, Hints with Canwell, Weeford, Swinfen and Packington, Whittington and Fradley and Streethay— Work No. 3/48A - A railway (19.22 kilometres in length) commencing by a junction with the termination of Work No. 3/36 passing northwards and terminating at a point 760 metres north-west of the junction of Netherstowe Lane with Wood End Lane. Work No. 3/48A includes viaducts over Langley Brook, Black Brook, Cappers Lane, the Wyrley and Essington Canal and Trent and Mersey Canal. County of Warwickshire, District of North Warwickshire, Parish of Middleton— Work No. 3/49 - An access road commencing at a point 770 metres south-east of the junction of Bodymoor Heath Lane with the A4091 Tamworth Road and terminating at a point 610 metres north-east of its commencement; Work No. 3/50 - A diversion of Bodymoor Heath Lane commencing by a junction with Brick Kiln Lane at a point 190 metres west of its junction with the A4091 Tamworth Road and terminating at a point 440 metres east of that junction. Work No. 3/50 includes a bridge over Work No. 3/48A; Work No. 3/50A - An access road commencing at a point on Bond Street 360 metres north-east of its junction with Bodymoor Heath Lane and terminating at a point 60 metres east of its commencement. Work No. 3/50B - A diversion of Brick Kiln Lane by a junction with the A4091 Tamworth Road and terminating at a point 190 metres west of that junction; Work No. 3/51 - A diversion of the A4091 Tamworth Road commencing at a point 330 metres north of its junction with Brick Kiln Lane and terminating at a point 485 metres north of its junction with Park Lane. Work No. 3/51 includes a bridge over Work No. 3/48A; Work No. 3/51A - A diversion of Park Lane commencing at a point 205 metres south-west of its junction with the A4091 Tamworth Road and terminating by a junction with Work No. 3/51 at a point 125 metres north-east of its commencement; Work No. 3/51B - A diversion of Crowberry Lane commencing by a junction with Work No. 3/51A at a point 110 metres south-west of its junction with Park Lane and terminating at a point 210 metres north-west of its commencement; Work No. 3/52 - A diversion of Church Lane commencing at a point 10 metres north-east of its junction with Crowberry Lane and terminating at a point 110 metres west of the bridge carrying Tamworth Road over Church Lane. Work No. 3/52 includes a bridge over Work No. 3/48A; Work No. 3/52A - A spur road commencing by a junction with Work No. 3/52 at a point 140 metres north-east of the junction of Crowberry Lane with Church Lane and terminating at a point 160 metres north-east of that junction; Work No. 3/53 - A diversion of a gas main commencing beneath a point 470 metres south-west of the crossing of Footpath T5 over Gallows Brook and terminating beneath a point 740 metres north of its commencement; Work No. 3/54 - A footbridge carrying Footpath T5 over Work No. 3/48A commencing at a point 390 metres south-west of the crossing of Footpath T5 over Gallows Brook and terminating at a point 230 metres north-east of its commencement. County of Warwickshire, District of North Warwickshire, Parish of Middleton, County of Staffordshire, District of Lichfield, Parish of Drayton Bassett— Work No. 3/55 - A diversion of Gallows Brook commencing at a point 500 metres west of its junction with Footpath T5 and terminating at a point 150 metres north-east of its commencement; Work No. 3/56 - A diversion of Gallows Brook commencing at a point 810 metres north-west of its junction with Footpath T5 and terminating at a point 335 metres north-west of its commencement. County of Staffordshire, District of Lichfield, Parish of Drayton Bassett— Work No. 3/57 - A diversion of Shirrall Drive commencing at a point 420 metres south-west of its junction with Drayton Lane and terminating by a junction with Work No. 3/58 at a point 320 metres north of its commencement; Work No. 3/58 - A diversion of Drayton Lane commencing at a point 10 metres north-west of its junction with Shirrall Drive and terminating by a junction with Work No. 3/59 at the junction of Sutton Road with Drayton Lane. Work No. 3/58 includes a bridge over Work No. 3/48A; Work No. 3/59 - A realignment of the A453 Sutton Road/Carroway Head Hill commencing at a point 90 metres south-west of its junction with Drayton Lane and terminating at a point 330 metres north-east of its commencement. Work No. 3/59 includes a bridge over Work No. 3/48A; Work No. 3/59A - A temporary diversion of the A453 Sutton Road/Carroway Head Hill commencing at a point 90 metres south-west of its junction with Drayton Lane and terminating at a point 460 metres north-east of its commencement; Work No. 3/60 - A gas main diversion commencing beneath a point 720 metres south-east of the junction of Footpath Drayton Bassett 11 with Footpath Drayton Bassett 12 and terminating beneath a point 650 metres north-west of its commencement; Work No. 3/61 - A footbridge carrying Footpath Drayton Bassett 11 over Work No. 3/48A commencing at a point 370 metres north-east of the junction of Footpath Drayton Bassett 11 with Footpath Drayton Bassett 12 and terminating at a point 240 metres north-east of its commencement. Parishes of Hints and Drayton Bassett— Work No. 3/63 - A diversion of Bangley Lane commencing at a point 300 metres north-east of the junction of Footpath Drayton Bassett 11 with Footpath Drayton Bassett 12 and terminating at a point 410 metres north-east of its commencement. Work No. 3/63 includes a bridge over Work No. 3/48A; Work No. 3/63B - An access road commencing by a junction with Work No. 3/63 at a point 370 metres north-east of the junction of Footpath Drayton Bassett 11 with Footpath Drayton Bassett 12 and terminating at a point 220 metres north-west of its commencement. Parish of Hints— Work No. 3/65 - A footbridge carrying Footpath Hints 14 over Work No. 3/48A commencing at a point 70 metres north-east of the junction of Footpath Hints 14 with Footpath Hints 13 and terminating at a point 320 metres north-east of its commencement; Work No. 3/67 - A gas main diversion commencing beneath a point 330 metres north-east of the junction of footpath Hints 13 with Hints 14 and terminating beneath a point 490 metres north-west of its commencement; Work No. 3/68A - A realignment of Brockhurst Lane commencing at a point 360 metres north-west of the junction of Footpath Hints 13 and Footpath Hints 14 and terminating at a point 565 metres north-east of its commencement; Work No. 3/70 - A temporary bridge over Black Brook commencing at a point 420 metres south-east of the junction of Footpath Hints 5 with Watling Street and terminating at a point 20 metres north-west of its commencement; Work No. 3/71 - A realignment of Watling Street commencing at a point 120 metres south-east of its junction with Footpath Hints 5 and terminating at a point 160 metres south-east of its commencement. Work No. 3/71 includes a bridge over Work No. 3/48A; Work No. 3/71A - A temporary diversion of Watling Street commencing at a point 350 metres south-east of its junction with Footpath Hints 5 and terminating at a point 350 metres north-west of its commencement. Parishes of Hints and Weeford— Work No. 3/72 - A realignment of the A5 Fazeley to Weeford New Road commencing at a point beneath the Flats Lane Overbridge and terminating at its junction with the Bridleway Hints 3 crossing. Work No. 3/72 includes a bridge over Work No. 3/48A. Parish of Hints with Canwell— Work No. 3/73 – An access road commencing at a point 260 metres south-east of the junction of Footpath Hints 5 with Watling Street and terminating at a point 380 metres north of its commencement. Parishes of Weeford and Swinfen and Packington— Work No. 3/74 - A diversion of Flats Lane and Jerrys Lane commencing at a point 570 metres north-east of the junction of Flats Lane with Watling Street and terminating at a point 305 metres north-east of the junction of Jerrys Lane with Knox's Grave Lane. Work No. 3/74 includes a bridge over Work No. 3/48A; Work No. 3/75 - A road commencing by a junction with Work No. 3/74 at a point 170 metres south-west of the junction of Flats Lane with Knox's Grave Lane and terminating at a point 170 metres north-west of its commencement; Work No. 3/76 - A realignment of Knox's Grave Lane commencing at a point 85 metres east of its junction with Flats Lane and terminating at a point 155 metres east of its commencement. Parish of Swinfen and Packington— Work No. 3/77A - A footbridge carrying Bridleway Swinfen and Packington 8 over Work No. 3/48A commencing at a point 690 metres north-west of the junction of that bridleway with Jerrys Lane and terminating at a point 80 metres west of its commencement; Work No. 3/78 - A diversion of an access road to The Bungalow commencing at a point 810 metres north-west of the junction of Bridleway Swinfen and Packington 8 with Jerrys Lane and terminating by a junction with Work No. 3/79 at a point 260 metres south-west of the junction of the access road to Ingleyhill Farm with Tamworth Road; Work No. 3/79 - A diversion of an access road commencing at a point 40 metres south-west of the junction of Bridleway Swinfen and Packington 8 with Bridleway Swinfen and Packington 9 with Tamworth Road and terminating at a point 360 metres north of its commencement. Parishes of Swinfen and Packington and Whittington— Work No. 3/80 - A realignment of the A51 Tamworth Road commencing at a point 250 metres south-east of its junction with Bridleway Swinfen and Packington 9 and terminating at a point 130 metres north-west of its commencement. Work No. 3/80 includes a bridge over Work No. 3/48A; Work No. 3/80A - A temporary diversion of the A51 Tamworth Road commencing at a point 70 metres north-west of its junction with Bridleway Swinfen and Packington 9 and terminating by its junction with the access road to Ingleyhill Farm; Work No. 3/81 - A diversion of the access road to Freeford Home Farm commencing at a point 50 metres south-west of its junction with Tamworth Road and terminating by a junction with Work No. 3/80A at a point 50 metres north-east of its commencement. Parish of Whittington— Work No. 3/83 - A diversion of Sandy Lane commencing at a point 100 metres south-east of its junction with Lichfield Road and terminating at a point 95 metres north-west of that junction; Work No. 3/84 - A realignment of Lichfield Road commencing at a point 90 metres east of its junction with Marsh Lane and terminating at a point 85 metres east of its commencement; Work No. 3/84A - A temporary diversion of Lichfield Road commencing at its junction with Marsh Lane and terminating at a point 285 metres east of its commencement; Work No. 3/85 - A diversion of Darnford Lane commencing at a point 130 metres north-east of its junction with Marsh Lane and terminating at a point 60 metres north-west of its junction with the access track to Ellfield Nurseries. Work No. 3/85 includes a bridge over Work No. 3/48A; Work No. 3/85A - An access road commencing by a junction with Work No. 3/85 at a point 225 metres north-east of the junction of Marsh Lane with Darnford Lane and terminating at a point 45 metres south of its commencement; Work No. 3/86A – An access road commencing at a point 210 metres south-west of the bridge carrying Cappers Lane over the Wyrley and Essington Canal and terminating with a junction with Cappers Lane at a point 200 metres south-east of that bridge. Parishes of Fradley and Streethay and Whittington— Work No. 3/86B - A diversion of Cappers Lane commencing at a point 160m south-east of the bridge carrying Cappers Lane over the Wyrley and Essington Canal and terminating at a point 10 metres north east of the junction of Broad Lane with Cappers Lane. Work No. 3/86C – A diversion of the Wyrley and Essington Canal commencing at a point 170 metres south-west of the bridge carrying Cappers Lane over that Canal and terminating at a point 85 metres north-east of that bridge. Work No. 3/86D – A temporary bridge over the Wyrley and Essington Canal commencing at a point 100 metres south-west of the bridge carrying Cappers Lane over that Canal and terminating at a point 50 metres west of that bridge. Parish of Fradley and Streethay— Work No. 3/86E – An access road commencing at a point 104 metres south-west of the bridge carrying Cappers Lane over the Wyrley and Essington Canal and terminating with a junction with Cappers Lane at a point 65 metres north of its commencement; Work No. 3/87B - A road being a realignment of Broad Lane commencing by a junction with Work No.

3/86B at a point 420 metres south west of the bridge carrying that road over the Coventry Canal and terminating at a point 110 metres north-east of its commencement; Work No. 3/87C – A temporary diversion of Broad Lane commencing at a point 60 metres west of the bridge carrying Cappers Lane over the Wyrley and Essington Canal and terminating at a point 60 metres south-west of the bridge carrying Broad Lane over the West Coast Main Line; Work No. 3/88 – A footbridge carrying footpath Streethay 6 over the proposed Work No. 3/48A commencing at a point 300 metres east of the junction of Ash Tree Lane with Burton Road and terminating at a point 210 metres east of its commencement. Work No. 3/89A - A diversion of the A38 Rykneld Street northern slip road commencing at its junction with Burton Road and terminating at a point 280 metres south-west of its junction with the access road to Orchard Farm; Work No. 3/89C – A diversion of an access road to Manor House commencing by a junction with Burton Road at a point 150 metres north-east of the junction of Ash Tree Lane with Burton Road and terminating by a junction with its existing access; Work No. 3/89D – A diversion of the A38 slip road commencing at a point 185 metres north-east of the junction of Burton Road with Ash Tree Lane and terminating at a point 280 metres north-east of its commencement; Work No. 3/89E – A temporary road commencing by a junction with the A38 Rykneld Street at a point 530 metres north-east of the bridge carrying that road over the West Coast Main Line and terminating at a point 350 metres south-west of its commencement; Work No. 3/90A - A diversion of Mare Brook commencing at a point 385 metres south-west of the junction of the access road to Orchard Farm with Rykneld Street and terminating at a point 320 metres west of its commencement; Work No. 3/91B - An access road commencing at a point 550 metres south of the roundabout at the end of Nanseawen Road and terminating at a point 15 metres south-west of that roundabout; Work No. 3/91C – A diversion of Mare Brook commencing at a point 520 metres west of the junction of Nanseawen Road with Wood End Lane and terminating at a point 250 metres north-west of its commencement. Parishes of Fradley and Streethay, King's Bromley and Armitage with Handsacre— Work No. 3/93A - A railway (6.08 kilometres in length) commencing by a junction with Work No. 3/48A at a point 525 metres south-west of the junction of Nanseawen Road with Wood End Lane passing north-westwards and terminating by a junction with Works Nos. 3/104 and 3/106 at a point 180 metres north-east of the junction of Rowan Drive with Lichfield Road. Work No. 3/93A includes viaducts over Curborough Brook, Work No. 3/97B and Bourne Brook and bridges over Works Nos. 3/91C, 3/103, 3/103B and 3/106. Parishes of Fradley and Streethay and King's Bromley— Work No. 3/94A – A railway (2.42 kilometres in length) commencing by a junction with Work No. 3/48A at a point 720 metres south of the junction of Nanseawen Road with Wood End Lane passing north-westwards and terminating by a junction with Work No. 3/93A at a point 520 metres east of the junction of Watery Lane with Wood End Lane. Work No. 3/94A includes viaducts over Curborough Brook and Works 3/97B and bridges over Works Nos. 3/90A and 3/91C. Work No. 3/95B – A diversion of Wood End Lane commencing at a point 60 metres west of its junction with Gorse Lane and terminating at a point 284 metres east of the junction of Footpath Kings Bromley 0.392 with Wood End Lane; Work No. 3/96A – A diversion of an access road commencing at a point 309 metres west of the junction of Wood End Lane with Gorse Lane and terminating at a point 160 metres north-east of the junction of Netherstowe Lane with Wood End Lane; Work No. 3/96B – An access road commencing at a point 625 metres south of the junction of Netherstowe Lane with Wood End Lane and terminating at a point 165 metres south-west of that junction; Work No. 3/96C – An access road commencing at a point 540 metres north-east of the junction of Watery Lane with Wood End Lane and terminating at a point 150 metres north of its commencement; Work No. 3/96D – A diversion of Watery Lane commencing at a junction with Work No. 3/95B at a point 90 metres north of the junction of Watery Lane with Wood End Lane and terminating at a point 120 metres south of its commencement; Work No. 3/97A – A diversion of Netherstowe Lane commencing at a point 170 metres south-west of its junction with Wood End Lane and terminating at a point 126 metres south-east of the bridge carrying Wood End Lane over Curborough Brook; Work No. 3/97B – A cycle track commencing by a junction with Wood End Lane at a point 135 metres north-west of the junction of Netherstowe Lane with Wood End Lane and terminating at a point 76 metres south-east of the bridge carrying Wood End Lane over Curborough Brook; Work No. 3/98A - A temporary bridge over the Trent and Mersey Canal commencing at a point 535 metres north-west of the junction of Netherstowe Lane with Wood End Lane and terminating 40 metres north-west of its commencement. Parish of King's Bromley— Work No. 3/100B - A gas main diversion commencing beneath a point 433 metres north of the junction of Footpath King's Bromley 0.392 with Wood End Lane and terminating beneath a point 384 metres north-west of that junction; Work No. 3/101 – A diversion of an access road to Ravenshaw Cottage commencing at a point 240 metres west of Ravenshaw Cottage and terminating at a point 371 metres north-east of the junction of Wood End Lane with Lichfield Road; Work No. 3/102 – A road commencing by a junction with Lichfield Road at a point 346 metres north-east of the junction of Wood End Lane with Lichfield Road and terminating by a junction with Tuppenhurst Lane at a point 60 metres north-west of the junction of that Lane with Shaw Lane; Work No. 3/103 - A realignment of the A515 Lichfield Road commencing at a point 110 metres north-east of its junction with Wood End Lane and terminating at a point 210 metres north-east of its commencement; Work No. 3/103B - A temporary diversion of the A515 Lichfield Road commencing at a point 50 metres north of its junction with Wood End Land and terminating at a point 430 metres north-east of its commencement; Work No. 3/103C - An access road commencing at a point 50 metres south of the junction of Wood End Lane with Lichfield Road and terminating at a point 200 metres south-west of the junction of Tuppenhurst Lane with Shaw Lane. Parishes of Armitage with Handsacre and King's Bromley— Work No. 3/104 - A diversion of the West Coast Main Line (1.90 kilometres in length) commencing at a point 20 metres north-west of the bridge carrying Shaw Lane over that railway, passing north-westwards and terminating at a point 20 metres south-east of the bridge carrying the B5014 over that railway. Work No. 3/105 - A realignment of the access road south-west of Shaw Lane commencing at a point 330 metres south-west of the junction of Tuppenhurst Lane with Shaw Lane and terminating at a point 55 metres south-west of its commencement. Parishes of King's Bromley and Armitage with Handsacre— Work No. 3/106 - A diversion of the West Coast Main Line (3.11 kilometres in length) commencing at a point 20 metres north of the bridge carrying the A515 Lichfield Road over that railway passing north-westwards and terminating at a point 22 metres south-east of the bridge carrying that railway over the A513 New Road. Parish of Colton— Work No. 3/109 - An improvement of the Chase Line and a realignment of the West Coast Main Line (2.47 kilometres in length) commencing by a junction with the Chase Line at a point 30 metres north of the bridge carrying that line over the river Trent, passing north-westwards and terminating by a junction with the West Coast Main Line at a point 115 metres south-east of the bridge carrying that railway over Bellamour Lane. District of Stafford, Parish of Colwich— Work No. 3/110 - An improvement of the North Staffordshire Line (1.43 kilometres in length) commencing at a point 330 metres west of the bridge carrying Bishton Lane over that railway and the West Cost Main Line passing westwards and terminating at a point 10 metres south-east of the bridge carrying the North Staffordshire Line over Meadow Lane; Work No. 3/111 - An improvement of the West Coast Main Line at Colwich Junction (0.43 kilometres in length) commencing at a point 300 metres south-west of the bridge carrying the A51 Lichfield Road over that railway passing south-westwards and terminating at a point 225 metres east of the bridge carrying Meadow Lane over that railway. District of Lichfield, Parish of Curborough and Elmhurst— Work No. 3/112 - A railway forming part of the West Coast Main Line (2.82 kilometres in length) commencing at a point 750 metres north-west of Burton Road overbridge, passing north-westwards and terminating at a point 670 metres north-west of the footbridge carrying Footpath Curborough and Elmhurst over that railway. County of Warwickshire, District of North Warwickshire, Parishes of Coleshill and Water Orton— Work No. 3/151 - A railway (4.19 kilometres in length) partly on viaduct commencing at a point 260 metres north-east of the bridge junction of the M6 Junction 4 Eastbound Off Slip Road and the M42/M6 Eastbound Link passing northwards and terminating at a point 160 metres north-east of the subway beneath the M6 Motorway. Work No. 3/151 includes viaducts over Coleshill Brook, M6-M42 Motorway Link, Works Nos. 3/27A, 3/29, 3/153 and bridges over Work No. 3/28; Work No. 3/152 - A railway (4.12 kilometres in length) partly on viaduct commencing at a point 280 metres north of the bridge junction of the M6 Junction 4 Eastbound Off Slip Road and the M42/M6 Eastbound Link passing northwards and terminating at a point 160 metres north-east of the subway beneath the M6 Motorway. Work No. 3/152 includes viaducts over Coleshill Brook, M6-M42 Motorway Link, Works Nos. 3/27A, 3/29, 3/155 and bridges over Work No. 3/28. Parishes of Curdworth, Coleshill and Water Orton— Work No. 3/153 - A railway (3.35 kilometres in length) partly on viaduct commencing by a junction with Works Nos. 3/35 and 3/36 at a point 320 metres west of the southernmost bridge carrying Faraday Avenue over the Birmingham and Derby Line, passing westwards and terminating at a point 160 metres north-east of the subway beneath the M6 Motorway. Work No. 3/153 includes a viaduct over the Birmingham and Derby Line, Minworth Effluent Conduit, the River Tame, the Birmingham to Nuneaton Line, A446 Lichfield Road, Gilson Road, M6/M42 Link Southbound, M42 Motorway/M6 Toll, Works Nos. 3/36 and 3/39B; Work No. 3/154 - A railway (3.28 kilometres in length) partly on viaduct commencing by a junction with Works Nos. 3/35 and 3/36 at a point 320 metres west of the southernmost bridge carrying Faraday Avenue over the Birmingham and Derby Line, passing westwards and terminating at a point 160 metres north-east of the subway beneath the M6 Motorway. Work No. 3/154 includes a viaduct over the Birmingham and Derby Line, Minworth Effluent Conduit, the River Tame, the Birmingham to Nuneaton Line, A446 Lichfield Road, Gilson Road, M6/M42 Link Southbound, M42 Motorway/M6 Toll, Works No 3/39B. Parishes of Coleshill and Water Orton— Work No. 3/155 - A road forming an extension to Attleboro Road commencing at a point 360 metres north-west of the junction of Footpath M57 with Footpath M54 and terminating at a point 50 metres south-east of its junction with the southern access to Attleboro Farm. Parish of Coleshill— Work No. 3/155A - A diversion of a watercourse commencing at a point 285 metres east of the junction of Footpath M57 with Footpath M54 and terminating at a point 35 metres south of that junction. Work No. 3/155B - A diversion of a watercourse commencing at a point 155 metres south-east of the junction of Gypsy Lane with Coleshill Road and terminating at a point 155 metres north-east of junction of the A452 Chester Road with Lanchester Way; Work No. 3/155C - A diversion of a watercourse commencing by a junction with Work No. 2/155B at a point 240 metres south of the junction of Gypsy Lane with Coleshill Road and terminating at a point 280 metres north-west of its commencement. Work No. 3/156 - A diversion of Attleboro Lane commencing at a point 100 metres north of its junction with the northern access road to Attleboro Farm and terminating at a point 465 metres north of that junction. Work No. 3/156 includes bridges over Works Nos. 3/151, 3/152, 3/153 and 3/154. County of Warwickshire, District of North Warwickshire, Parish of Water Orton, City of Birmingham— Work No. 3/157 - A railway (1.13 kilometres in length) partly on viaduct commencing by a junction with the termination of Works Nos. 3/151, 3/152, 3/153 and 3/154 passing westwards and terminating by a junction with Work No. 3/200 at a point 317 metres north-west of the bridge carrying Water Orton Road over the M6 Motorway; Work No. 3/158 - A diversion of a fuel pipeline commencing beneath a point 350 metres east of the junction of the A452 with Lanchester Way and terminating beneath a point 305 metres north-west of the entrance to the Twisted Oak Riding Stables. City of Birmingham— Work No. 3/159 - A realignment of Water Orton Road commencing at a point 155 metres south-west of the entrance to the Twisted Oak Riding Stables and terminating at a point 170 metres south-west of its commencement; Work No. 3/159A - A temporary diversion of Water Orton Road commencing at a point 190 metres south-west of the entrance to the Twisted Oak Riding Stables and terminating at a point 125 metres south-west of its commencement; Work No. 3/159C - A diversion of an access road to Park Hall Estate commencing by a junction with Work No. 3/159 at a point 295 metres south-west of the entrance to the Twisted Oak Riding Stables and terminating at a point 350 metres west of its commencement; Work No. 3/159D – A diversion of an access road to Park Hall Estate commencing by a junction with Work No. 3/159C at its termination and terminating at a point 185 metres north-west of its commencement; Work No. 3/200 - A railway (2.06 kilometres in length) commencing by a junction with Work No. 3/157 at its termination, passing generally westwards and terminating at a point 165 metres south of the junction of Cadbury Drive and Beale Close. Work No. 3/200 includes a viaduct over Work No. 3/202 and bridge over a Work No. 3/202A; Work No. 3/201 - A diversion of a fuel pipeline beneath a point 205 metres south-west of the bridge carrying the Birmingham and Derby Line over the River Tame and terminating beneath a point 200 metres south-east of the junction of Lancaster Drive with Blenheim Way; Work No. 3/202 - A diversion of the River Tame commencing at a point 505 metres west of the bridge carrying the Birmingham and Derby Line over the River Tame and terminating at a point 210 metres east of the junction of Orton Way with Tameside Drive; Work No. 3/202A - A diversion of Plants Brook commencing by a junction with Work No. 3/202 at a point 72 metres south-east of the culvert carrying Plants Brook beneath the Birmingham and Derby Line and terminating at the southern end of that culvert; Work No. 3/202B - A diversion of the Dunlop Channel commencing by a junction with Work No. 3/202 at a point 140 metres south-east of the of the culvert carrying Dunlop Channel beneath the Birmingham and Derby Line and terminating at a point 165 metres south-east of the junction of Lancaster Drive with Blenheim Way; Work No. 3/202C - An access road commencing at a point 245 metres west of the bridge carrying the Birmingham to Derby Line over Plants Brook and terminating by a junction with Javelin Avenue at a point 140 metres north-west of its commencement; Work No. 3/202D – An access road commencing at a point 230 metres south-west of the bridge carrying the Birmingham and Derby line over the Dunlop Channel and terminating by a junction with Tameside Drive at a point 110 metres south-west of its commencement; Work No. 3/203 - A railway (2.86 kilometres in length, in tunnel) commencing by a junction with Work No. 3/200 at its termination, passing westwards and terminating by a junction with Work No. 3/205 at a point 245 metres north-west of the junction of Wolsey Drive and Bromford Lane; Work No. 3/204 - A diversion of a sewer commencing beneath a point 190 metres east of the junction of Tameside Drive with the A452 Chester Road and terminating beneath a point 15 metres south of the junction of Kenrick Croft with Cadbury Drive; Work No. 3/204A - A diversion of a high pressure gas main commencing beneath a point 150 metres north east of the junction of Bromford Drive with Ayala Croft and terminating beneath a point 250 metres north-west of the junction of Ayrshire Close with Bromford Drive; Work No. 3/205 - A railway (5.09 kilometres in length) partly on viaduct commencing by a junction with Work No. 3/203 at its termination, passing south-westwards and terminating at a point 545 metres north-west of the junction of Freeman Street with Park Street; Work No. 3/205 includes a bridge over the Grand Union Canal and a new station (Curzon Street); Work No. 3/205A - A railway (2.41 kilometres in length) commencing by a junction with Work No. 3/205 at a point 190 metres south-east of the junction of the access road to Hurricane Park with Heartlands Parkway, passing westwards then south-westwards and terminating by a junction with Work No. 3/205 at a point 165 metres south-west of the junction of Crawford Street with Cranby Street. Work No. 3/205A includes a bridge over the Grand Union Canal; Work No. 3/205B - A railway (1.51 kilometres in length) commencing at a point 80 metres north-east of the western limit of Wolseley Drive, passing westwards then south-westwards and terminating by a junction with Work No. 3/205A at a point 160 metres north of the junction of Arley Road with Aston Church Road; Work No. 3/206 - A realignment of Wolseley Drive commencing at the junction of that road with Bromford Lane and terminating at a point 132 metres west of its commencement; Work No. 3/207 - Protective works to the bed of the River Tame commencing at a point 170 metres north-west of the junction of Wolseley Drive with Bromford Lane and terminating at a point 110 metres south-west of the junction of Heartlands Parkway and Bromford Lane; Work No. 3/208 - A diversion of Washwood Heath Brook commencing at a point 100 metres north-west of the junction of Wolseley Drive with Bromford Lane and terminating at a point 60 metres south of the northern limit of Common Lane; Work No. 3/208A - A diversion of Washwood Heath Brook commencing by a junction with Work No. 3/208 at a point 369 metres south-west of the western limit of Wolseley Drive and terminating at a point 44 metres south of its commencement; Work No. 3/209 - A railway (1.35 kilometres in length) commencing at a point 60 metres north-east of the western limit of Wolseley Drive, passing westwards and terminating by a junction with Work No. 3/205B at a point 209 metres north-east of the junction of Arley Road with Aston Church Road; Work No. 3/209A - A railway (2.66 kilometres in length) commencing at a point 80 metres north-east of the western limit of Wolseley Drive, passing westwards then southwards and terminating by a junction with Work No. 3/205A at a point 134 metres north-west of the junction of Crawford Street with Cranby Street; Work No. 3/209B - A railway (0.75 kilometres in length) commencing by a junction with Work No. 3/209A at a point 296 metres south of the junction of Hurricane Park Access with Heartlands Parkway passing south-westwards and terminating at a point 445 metres south-west of the northern limit of Common Lane; Work No. 3/210 - A railway (1.69 kilometres in length) being a realignment of Washwood Heath through siding of the Birmingham and Derby Line, commencing at a point 332 metres south-east of the junction of Hurricane Park Access with Heartlands Parkway, passing westwards and terminating at a point 179 metres west of the junction Arley Road with Aston Church Road; Work No. 3/211 - A diversion of a sewer commencing in Common Lane beneath a point 85 metres south of the northern limit of Common Lane and terminating beneath a point 170 metres south-west of the junction of Chartist Road with Arley Road; Work No. 3/212 - A diversion of a sewer commencing in Pennine Way beneath a point 320 metres north-west of the roundabout junction of Washwood Heath Road, Alum Rock Road, Adderley Road and High Street and terminating beneath a point 195 metres north-west of the roundabout junction of Pembroke Way with Pennine Way; Work No. 3/215 - A realignment of Aston Church Road commencing at a point 125 metres south-east of the junction of Arley Road with that road and terminating at the junction of that road with Heartlands Parkway. Work No. 3/215 includes bridges over Works Nos. 3/217, 3/205, 3/205A and 3/209A and the Birmingham and Derby Line railway; Work No. 3/215A - Alteration of the level of Arley Road commencing by a junction with Work No. 3/215 in Aston Church Road and terminating in Arley Road at a point 80 metres south of its commencement; Work No. 3/215B - An access road commencing by a junction with Work No. 3/215 at a point 30 metres west of the junction of Arley Road with Aston Church Road and terminating at a point 65 metres north of that junction; Work No. 3/216 - A partial reconstruction and extension of the bridge carrying the Stechford and Aston Line over the Birmingham and Derby Line commencing at a point 65 metres north-west of the junction of Arley Road with Aston Church Road and terminating at a point 55 metres south-east of the bridge carrying the Stechford and Aston Line over Watson Road; Work No. 3/217 - A diversion of the River Rea Overflow Channel commencing at a point 35 metres north of the junction of Watson Road East with Heartlands Parkway and terminating at a point 240 metres south-west of the roundabout junction of Heartlands Parkway with Aston Church Road; Work No. 3/217A - A diversion of a gas main commencing at a point 155 metres north-east of the Aston Church Road/Heartlands Parkway roundabout and terminating at a point 300 metres south-west of that roundabout; Work No. 3/218 - A railway (0.84 kilometres in length) commencing at a point 20 metres east of the bridge carrying the Birmingham and Derby Line over the Grand Union Canal continuing in a generally southerly direction and terminating at a point 205 metres south of the bridge carrying Duddeston Mill Road over the Birmingham and Derby Line; Work No. 3/219 - A diversion of a sewer commencing beneath a point 160 metres west of the junction of Crawford Street with Cranby Street and terminating in Duddeston Mill Road beneath a point 40 metres east of the bridge carrying that road over the Birmingham and Derby Line; Work No. 3/220 - A realignment of Washwood Heath Road, High Street and Saltley Viaduct, including replacement of the existing Saltley viaduct commencing at a point 40 metres north-east of the centre of the Alum Rock Road/Adderley Road/High Street roundabout and terminating at a point 35 metres east of the Mainstream Way/Saltley Road/Nechells Place/Heartlands Parkway roundabout; Work No. 3/220A - A diversion of Pennine Way commencing by a junction with Work No. 3/220 at High Street and terminating in Pembroke Way at a point 130 metres north of the junction of Crawford Street with High Street; Work No. 3/220B - A realignment of Pembroke Way commencing in that road at a point 25 metres north-west of its roundabout junction with Pennine Way and terminating by a junction with Work No. 3/220A at its termination; Work No. 3/221 - An access road commencing in Cranby Street at a point 35 metres west of the bridge carrying that street over the Grand Union Canal and terminating at a point 270 metres south-west of that bridge; Work No. 3/222 - A sewer being an overflow from the Grand Union Canal commencing beneath a point 100 metres north of the junction of Cranby Street with Crawford Street and terminating in the Grand Union Canal at a point 22 metres west of its commencement; Work No. 3/223 - A railway (0.24 kilometres in length) commencing by a junction with Work No. 3/218 at a point 60 metres south of the bridge carrying Duddeston Mill Road over the Birmingham and Derby Line and terminating by a junction with the Birmingham and Derby Line at Duddeston Junction at a point 300 metres south of the bridge carrying Duddeston Mill Road over that line; Work No. 3/224 - A railway (0.99 kilometres in length) being a realignment of Duddeston Junction track layout, commencing at a point 11 metres south of the bridge carrying the Birmingham and Derby Line over the Grand Union Canal, continuing in a generally southerly direction and terminating at a point 310 metres south of the bridge carrying Duddeston Mill Road over the Birmingham and Derby Line; Work No. 3/225 - A realignment of Lawley Middleway commencing in that road at a point 80 metres south-east of the bridge carrying that road over the Birmingham and Bushbury Line and terminating in that road at a point 160 metres north-east of Curzon Circus roundabout; Work No. 3/225A - A realignment of Lawley Middleway (southbound carriageway) commencing in that road at a point 20 metres south-east of the bridge carrying that road over the Birmingham and Bushbury Line and terminating by a junction with Work No. 3/225 at Curzon Circus roundabout; Work No. 3/225B - A realignment of Vauxhall Road and Curzon Street commencing in Vauxhall Road at a point 125 metres north-east of Curzon Circus roundabout and terminating in Curzon Street at a point 140 metres south-west of that roundabout; Work No. 3/225C - An access road commencing in Curzon Street by a junction with Work No. 3/225B at a point 90 metres south-west of Curzon Circus roundabout and terminating by a junction with Miles Druce Way at a point 35 metres east of the bridge carrying Miles Druce Way over the Digbeth Branch Canal; Work No. 3/226 - An access road commencing in Curzon Street by a junction with Work No. 3/227, at a point 100 metres north-east of the junction of that street with New Canal Street and terminating by a junction with Work No. 3/227 in New Canal Street at a point 55 metres south of its junction with Banbury Street; Work No. 3/227 - A realignment of Curzon Street and New Canal Street commencing in Curzon Street at a point 160 metres north-east of the junction of that street with New Canal Street and terminating at the junction of New Bartholomew Street with New Canal Street; Work No. 3/228 - A diversion of a sewer commencing beneath Park Street at a point 20 metres north of the junction of Bordesley Street with Park Street and terminating beneath a point 15 metres west of the western limit of Freeman Street; Work No. 3/229 - A diversion of a sewer commencing beneath New Canal Street at a point 55 metres north of the junction of that street with Fazeley Street and terminating beneath a point 140 metres north-east of the junction of New Canal Street with Curzon Street; Work No. 3/230 - A diversion of a sewer commencing beneath a point 185 metres south of the bridge carrying Duddeston Mill Road over the River Rea and terminating beneath a point 230 metres south-east of the junction of Dollman Street with Alma Crescent; Work No. 3/231 - A diversion of a sewer commencing beneath a point 220 metres south of the junction of Alma Crescent with Dollman Street and terminating beneath a point 60 metres east of the junction of Viaduct Street with Northumberland Street; Work No. 3/232 - A diversion of a sewer commencing beneath a point 45 metres south-east of the junction of Viaduct Street with Northumberland Street and terminating in Viaduct Street beneath a point 40 metres south-west of that junction; Work No. 3/233 - A diversion of a sewer commencing beneath a point 60 metres south-west of the junction of Viaduct Street with Northumberland Street and terminating beneath a point 10 metres south-east of the junction of Viaduct Street with St James' Place. County of Buckinghamshire, District of South Bucks, Parish of Iver— Work No. 4/1 – An access road commencing at a point 130 metres north of the junction of Bathurst Walk with Thorney Lane South and terminating at a point 666 metres north-west of that junction; Work No. 4/2 - An access road commencing by a junction with Work No. 4/1 at a point 655 metres north-west of the junction of Bathurst Walk with Thorney Lane South and terminating at a point 412 metres south-west of the junction of footpath IVE/15A/1 with Footpath IVE/17/6 and Footpath IVE/17/5. County of Buckinghamshire, District of South Bucks, Parish of Iver, Borough of Slough— Work No. 4/3 – A railway (1.57 kilometres in length) being a diversion of the Great Western Main Line commencing at a point 45 metres west of the bridge carrying Thorney Lane South over that railway and terminating at a point 110 metres east of the bridge carrying that railway over Hollow Hill Lane; Work No. 4/4 – A railway siding (2.02 kilometres in length) commencing by a junction with Work No. 4/3 at a point 410 metres west of the bridge carrying Thorney Lane South over the Great Western Main Line and terminating at a point 200 metres south-east of the bridge carrying Langley Park Road over the Grand Union Canal. Work No. 4/4 includes a bridge over Work No. 4/7. Borough of Slough— Work No. 4/5 – A railway (0.7 kilometres in length) commencing by a junction with Work No. 4/4 at a point 285 metres south-west of the junction of Mansion Lane and Hollow Hill Lane and terminating by a junction with the Great Western Main Line at a point 80 metres east of the bridge carrying that railway over Station Road; Work No. 4/6 – An access road commencing at a point 90 metres east of the bridge carrying the Great Western Main Line over Market Lane and Hollow Hill Lane and terminating by a junction with Work No. 4/7 at a point 20 metres north of that bridge. Work No. 4/7 – A diversion of Market Lane and Hollow Hill Lane commencing at a point beneath the bridge carrying the Great Western Main Line over that road and terminating at a point 55 metres south of the junction of Mansion Lane and Hollow Hill Lane. Work No. 4/8 – A diversion of a watercourse commencing at a point 150 metres west of the bridge carrying Hollow Hill lane over the Grand Union Canal and terminating at a point 236 metres south of its commencement; Work No. 4/9 – A diversion of a watercourse commencing at a point 460 metres south-east of the junction of Trenches Lane with Langley Park Road and terminating by a junction with Work No. 4/8 at a point 274 metres east of its commencement. The nominated undertaker may for the purposes of this Act— survey or investigate land which is within the Act limits or which may be affected by the works authorised by this Act; take steps to protect or remove any flora or fauna on land which may be affected by the carrying out of the works authorised by this Act. The power in sub-paragraph (1)(a) includes power to— make trial holes in such positions as the nominated undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil; carry out ecological or archaeological investigations on the land; take samples of anything in or on the land. Sub-paragraph (2)(a) does not authorise the making of trial holes in a carriageway or footway without the consent of the highway authority; but such consent must not be unreasonably withheld. Any dispute as to the giving of consent under sub-paragraph (3) must be referred to arbitration if the parties so agree; but must otherwise be determined by the Secretary of State. In connection with the exercise of the powers in sub-paragraph (1) the nominated undertaker may— place or leave apparatus for use in connection with those powers on, and remove such apparatus from, land within the Act limits or land which may be affected by the works authorised by this Act; enter on land within the Act limits or land which may be affected by the works authorised by this Act, and the land referred to in paragraphs (a) and (b) need not be the same as the land in relation to which the powers in sub-paragraph (1) are being or are to be exercised. No land may be entered, or apparatus placed or left on or removed from land, under this paragraph unless at least 7 days' notice has been given to every owner and occupier of the land. The nominated undertaker may support or strengthen a building within the relevant distance of any of the works authorised by this Act if— it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of the work, for the building to be supported or strengthened, and the nominated undertaker gives at least 8 weeks' notice to the owners and occupiers of the building of its intention to support or strengthen it. If, within 21 days of the giving of a notice under sub-paragraph (1)(b), the person to whom the notice has been given gives to the nominated undertaker notice disputing that the condition in sub-paragraph (1)(a) is met, the dispute must be referred to arbitration. If— under sub-paragraph (2) the arbitrator decides that the condition in sub-paragraph (1)(a) is met, and one of the parties to the dispute so requires, the arbitrator must prescribe how the supporting or strengthening is to be carried out. Where the supporting or strengthening of a building under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the work. In case of emergency, the power under sub-paragraph (1) or (4) is exercisable without notice. For the purpose of deciding whether or how to exercise its powers under this paragraph, the nominated undertaker may enter and survey— any building within the relevant distance of any of the works authorised by this Act, or any land adjacent to such a building (but not any building on any such land). The nominated undertaker may, in connection with the exercise of the power under this paragraph to support or strengthen a building, place and leave (temporarily or permanently) any equipment or material in, next to or under the building or on or under land in the vicinity of the building. The nominated undertaker may, at any time within the permitted period, further support or strengthen a building which has been supported or strengthened under paragraph 2 if— it is necessary or expedient, in consequence of or for the purposes of or in connection with the construction of any of the works authorised by this Act, for the building to be further supported or strengthened, and the nominated undertaker gives at least 8 weeks' notice to the owners and occupiers of the building of its intention further to support or strengthen it. In sub-paragraph (1), ““the permitted period”” is the period beginning with the completion of the supporting or strengthening under paragraph 2 and ending 5 years after the date on which the work which necessitated the supporting or strengthening was brought into general use. under sub-paragraph (3), the arbitrator decides that the condition in sub-paragraph (1)(a) is met, and In case of emergency, the power under sub-paragraph (1) or (5) is exercisable without notice. any building which has been supported or strengthened under paragraph 2, or Paragraph 2(7) (power to place and leave equipment or material) applies for the purposes of this paragraph. The nominated undertaker may, for a purpose mentioned in sub-paragraph (2), affix movement-measuring apparatus to a building within the relevant distance of any of the works authorised by this Act on giving at least 8 weeks' notice to the owners and occupiers of the building of its intention to do so. The purposes referred to in sub-paragraph (1) are— determining the extent of any movement in the building; determining the effectiveness of support or strengthening work in respect of the building under paragraph 2 or 3. In a case where movement-measuring apparatus is to be affixed inside a building, the notice under sub-paragraph (1) must state that fact. If, within 21 days of the giving of the notice under sub-paragraph (1), the person to whom the notice has been given gives to the nominated undertaker notice objecting to the affixing of movement-measuring apparatus (generally or in relation to how or where it is affixed), the question must be referred to arbitration. Where, under sub-paragraph (4), the arbitrator decides that movement-measuring apparatus may be affixed to the building, the arbitrator must, if the nominated undertaker or the person who made the objection so requires, prescribe how or where the affixing of the apparatus is to be carried out. Where the affixing of movement-measuring apparatus under this paragraph cannot be carried out reasonably conveniently without entering land adjacent to the building, the nominated undertaker may, on giving at least 14 days' notice to the owners and occupiers of the adjacent land, enter the land (but not any building on it) and carry out the affixing. The nominated undertaker may— maintain, repair or alter the position of movement-measuring apparatus affixed under sub-paragraph (1); take readings or data from any such apparatus. In case of emergency, the power under sub-paragraph (1) or (6) is exercisable without notice. In this paragraph, “"movement-measuring apparatus”” means apparatus for use in measuring any movement in a building or the ground on which a building is erected. Paragraphs 2 to 4 apply in relation to— any apparatus belonging to a utility undertaker, and a relevant pipe-line belonging to a person other than a utility undertaker, as they apply in relation to a building, subject to the modifications specified in sub-paragraph (2). Those modifications are that— references to the owners and occupiers of a building are to be read as references to the owner of the apparatus or pipe-line; references to land adjacent to a building are to be read, in the case of apparatus or a pipe-line situated below the surface of the ground, as including land above the site of the apparatus or pipe-line; paragraph 2(7) applies as if the reference to placing or leaving equipment or material in, next to or under the building or on or under land in the vicinity of the building were to placing and leaving equipment or material on any land above, next to or below the site of the apparatus or pipe-line, or on or under land in the vicinity of that site. In this paragraph, “"relevant pipe-line”” means— a cross-country pipe-line (within the meaning of the Pipe-lines Act 1962), and a local pipe-line (within the meaning of that Act) in relation to the construction of which a direction under section 6 of that Act has or had effect. This paragraph has effect for the purposes of paragraphs 2 to 5. “"Building”” includes any structure. “"Relevant distance””, in relation to any work, means— 100 metres in any of the following cases— where the work is comprised in so much of Works Nos. 1/1 or 1/15 as lies between their commencement and the point where they pass beneath Parkway in the London Borough of Camden; where the work is comprised in so much of Works Nos. 1/1 or 1/15 as lies between the points where they pass beneath Victoria Road and Chase Road in the London Borough of Camden; where the work is comprised in Work No. 1/16; where the work relates to the making of a shaft; 50 metres in any other case. A building (or, in the case of paragraph 5, apparatus or pipe-line) is within the ““relevant distance”” of a work if all or part of it is within that distance. In the case of a work under the surface of the ground, a reference to a building (or, in the case of paragraph 5, apparatus or pipe-line) within the relevant distance of that work includes a reference to a building (or apparatus or pipe-line) all or part of which is within the relevant distance of any point on the surface below which the work is situated. This paragraph applies where— a tree overhangs land used for Phase One purposes, or the roots of a tree encroach on such land. The nominated undertaker may by notice to the occupier of the land on which the tree is growing (a ““tree works notice””) require the tree to be removed, topped or lopped, or its roots to be cut back, if it is necessary for that to be done— to enable works authorised by this Act to be constructed or maintained, or The person to whom a tree works notice is given may object to the notice by giving the nominated undertaker a counter-notice to that effect before the end of 28 days beginning with the day on which the tree works notice is given. If a counter-notice is given, the tree works notice has no effect unless confirmed by an order of the county court. The nominated undertaker may carry out the works required by a tree works notice if the notice has been in effect for a continuous period of at least 28 days and has not been complied with. Where the power under sub-paragraph (5) is exercisable, the nominated undertaker may, after giving 7 days' notice to the occupier of the land on which the tree concerned is growing, enter the land for the purpose of exercising the power in relation to it. If the nominated undertaker tops or lops a tree, or cuts back the roots of a tree, in exercise of the power under sub-paragraph (5), it must do so— in accordance with good arboricultural practice, and in such a way as to cause the minimum of damage to the tree. The following do not apply to works required by a tree works notice— an order under section 198(1) or 202(1) of the Town and Country Planning Act 1990 and regulations under section 202A(1) of that Act (tree preservation orders); The nominated undertaker may use any watercourse or any public sewer or drain for the drainage of water for the purposes of or in connection with the construction or maintenance of the works authorised by this Act and for that purpose— may lay down, take up and alter pipes, and on any land within the Act limits, may make connections with the watercourse, sewer or drain. The nominated undertaker must not discharge any water into any public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld. The nominated undertaker must not make any opening into any public sewer or drain except— in accordance with plans approved by the person to whom the sewer or drain belongs, such approval not to be unreasonably withheld; and where that person has been given the opportunity to supervise the making of the opening. The nominated undertaker must not, in the exercise of the powers under this paragraph, damage or interfere with the beds or banks of any watercourse forming part of a main river. The nominated undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers under this paragraph is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension. Nothing in this paragraph overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154). Any dispute as to the giving of consent under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State. In this paragraph— “"public sewer or drain”” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, the Homes and Communities Agency, an internal drainage board, a local authority, a joint planning board, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964; “"watercourse”” includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain; other expressions used both in this paragraph and in the Water Resources Act 1991 have the same meanings as in that Act. The powers under this paragraph are exercisable in relation to the following waterways for the purposes of or in connection with the works authorised by this Act— Grand Union Canal (Regents Canal), Grand Union Canal (Paddington Branch), River Brent, Grand Union Canal, River Colne, River Misbourne, River Thame, Padbury Brook, River Great Ouse, River Cherwell, Oxford Canal, River Itchen, River Leam, River Avon, River Cole, River Tame, Trent and Mersey Canal, Wyrley and Essington Canal, Coventry Canal, River Blythe, Plants Brook, Dunlop Channel, River Rea, Digbeth Branch Canal, and Birmingham to Fazeley Canal. temporarily interfere with a waterway mentioned in sub-paragraph (1) at any point within the Act limits, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient; temporarily moor or anchor barges or other vessels or craft in a waterway mentioned in sub-paragraph (1); temporarily close a waterway mentioned in sub-paragraph (1), or a part of such a waterway, to navigation. The power under sub-paragraph (2)(c) must be exercised in a way which secures— that no more of the waterway is closed to navigation at any time than is necessary in the circumstances, and that, if complete closure of the waterway to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it. The nominated undertaker is not liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any interference in accordance with this paragraph with a public right of navigation. The nominated undertaker must compensate any person who suffers loss as a result of any interference in accordance with this paragraph with a private right of navigation. Any dispute as to a person's entitlement to compensation under sub-paragraph (5), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. The nominated undertaker may, in installing any electronic communications apparatus in exercise of the powers conferred by this Act— provide additional capacity for electronic communications apparatus belonging to any other person; construct any extension or other alteration of electronic communications apparatus in connection with providing such additional capacity. In sub-paragraph (1), ““electronic communications apparatus””— has the meaning given by paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984, but excludes any radio mast. The nominated undertaker may construct Work No 2/39 so as to carry the railway comprised in that work on the level across the following footpaths— In exercising the power under sub-paragraph (1), the nominated undertaker may alter the level of the footpaths specified in that sub-paragraph. The nominated undertaker and the highway authority may enter into agreements concerning the construction and maintenance of any new level crossing (and such agreements may include provision about contributions towards the expenses of construction or maintenance). In this paragraph, “"new level crossing”” means the place at which the railway mentioned in sub-paragraph (1) crosses a footpath specified in that sub-paragraph.

This paragraph applies where the nominated undertaker has a power to enter land under paragraph 1, 2(1), (4) or (6), 3(1), (5) or (7), 4(1), (6), (7) or (9) or 7(6). The power is exercisable at any reasonable time. Before entering the land, the nominated undertaker or any authorised person must, if so required— produce evidence of authority to enter the land, and state the purpose of entry. For the purposes of exercising the power, the nominated undertaker or any authorised person may (subject to paragraph 13)— take vehicles and equipment on to the land, and take on to the land such other persons as may be necessary. “"authorised person”” means a person exercising the relevant power of entry on the nominated undertaker's behalf; “"equipment”” includes plant and machinery. This paragraph applies where the nominated undertaker proposes to exercise a power of entry under paragraph 1, 2(1), (4) or (6), 3(1), (5) or (7) or 4(1), (6), (7) or (9) in relation to— residential land, or a building not on residential land. If it appears to a justice of the peace— that the nominated undertaker is entitled to exercise the relevant power of entry in relation to the residential land or the building, and that admission to the land or building has been refused or a refusal is reasonably apprehended, the justice must issue a warrant authorising the nominated undertaker to exercise the power of entry in relation to the land or building. For the purposes of sub-paragraph (2)(b), admission is refused if a request for admission is not granted within a reasonable period after being made. Where a warrant has been issued in relation to land or a building under sub-paragraph (2), the nominated undertaker may not demand admission as of right to the land or building unless— in a case where a period of notice otherwise applies in relation to the exercise of the power in question, the required notice has been given (whether before or after the issue of the warrant) to the owners and occupiers of the land or building, and in a case where no period of notice otherwise applies in relation to the exercise of the power in question, at least 24 hours' notice has been given (whether before or after the issue of the warrant) to the owners and occupiers of the land or building. Paragraph 12(4) (power to take vehicles, equipment and other persons on to land) applies to the exercise of a power of entry in reliance on a warrant issued under sub-paragraph 13(2). In this paragraph, “"residential land”” means so much of any land as consists of— Where the nominated undertaker exercises any power under paragraphs 1 to 4, it must compensate the owners and occupiers of the building or land in relation to which the power is exercised for any loss which they may suffer by reason of the exercise of the power. Any dispute as to a person's entitlement to compensation under sub-paragraph (1), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. Nothing in sub-paragraphs (1) and (2) affects liability to pay compensation under— section 6 of the Railways Clauses Consolidation Act 1845, as incorporated into this Act, section 10(2) of the Compulsory Purchase Act 1965, as applied to the acquisition of land under section 4(1), or any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (1). On application by a person who— has incurred expenses in complying with a tree works notice under paragraph 7(2), or has suffered any loss or damage in consequence of the carrying out of works required by such a notice, the county court must order the nominated undertaker to pay the person such compensation in respect of the loss, damage or expenses as the court thinks fit. The nominated undertaker may, for Phase One purposes— form and lay out means of access, and improve existing means of access, at any place within the Act limits. In the case of works at a place shown on the deposited plans which require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, the power under sub-paragraph (1) is exercisable on giving at least 28 days' notice to the highway authority. Works which are the subject of a notice under sub-paragraph (2) may not be carried out at the place shown on the deposited plans if, within 28 days of the giving of the notice, the highway authority objects to the works being carried out there by giving the nominated undertaker notice to that effect. The only ground on which the highway authority may object under sub-paragraph (3) is that works under sub-paragraph (1) should be carried out instead at another place within the Act limits to prevent or reduce— injury to local amenity, or prejudicial effects on road safety or on the free flow of traffic in the local area, and are reasonably capable of being carried out there. If, in the case of works under sub-paragraph (1) at a place shown on the deposited plans, the works require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, they must be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker. The only ground on which the highway authority may refuse to approve plans or specifications for the purposes of sub-paragraph (5) is that they ought to be modified to prevent or reduce— and are reasonably capable of being so modified. Works under sub-paragraph (1) may only be carried out at a place not shown on the deposited plans if the highway authority consents to the siting of the works; and such consent is not to be unreasonably withheld. Works under sub-paragraph (1) at a place not shown on the deposited plans must be carried out in accordance with plans and specifications approved by the highway authority at the request of the nominated undertaker; and such approval is not to be unreasonably withheld. In considering whether to give consent for the purposes of sub-paragraph (7), or approval for the purposes of sub-paragraph (8), in a case where the works require the opening of an access on to, or the alteration of, a highway used by vehicular traffic, the highway authority must have regard in particular to effects on road safety and on the free flow of traffic in the local area. If, on application by the nominated undertaker for the approval of plans or specifications under sub-paragraph (5) or (8), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having approved the plans or specifications as submitted. If a highway authority which receives an application for consent under sub-paragraph (7) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted it. Where an objection under sub-paragraph (3) leads to the carrying out of works under sub-paragraph (1) at a place not shown on the deposited plans, sub-paragraphs (5), (7) and (8) have effect in relation to the works as if the place were shown on the deposited plans. Any dispute with a highway authority under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State. The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up each highway or part of highway specified in table 1 or 2 in Part 4 of this Schedule. No highway or part of a highway specified in columns (1) and (2) of table 1 may be stopped up under this paragraph unless all of the land which abuts on it falls within one or more of the following categories, namely— land to which there is no right of access directly from the highway or part to be stopped up, land to which there is reasonably convenient access otherwise than directly from the highway or part to be stopped up, land the owners and occupiers of which have agreed to the stopping up of the highway or part, and land which is in the possession of the Secretary of State. No highway or part of a highway specified in columns (1) and (2) of table 2 may be stopped up under this paragraph if a new highway is specified in relation to it in column (3) of that table, by reference to the letters and numbers shown on the deposited plans or by reference to the scheduled works, until— where the new highway is provided in exercise of the powers conferred by this Act— the date of practical completion, or if later, the date on which it is first open for public use, and where it is not, the date on which it is first open for public use. Where a new highway specified in column (3) of table 2 is provided in exercise of the powers conferred by this Act, the date of practical completion of the highway, or the date on which it is first open for public use, is to be taken for the purposes of sub-paragraph (3) to be what it is taken to be for the purposes of paragraph 14(2). The nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act, stop up any bridleway or footpath, or part of a bridleway or footpath, which is— within the Act limits, and not specified in columns (1) and (2) of either table 1 or 2. The power under sub-paragraph (1) may not be exercised unless the proposed stopping up has been confirmed by the appropriate Ministers on application by the nominated undertaker. The appropriate Ministers must grant an application under sub-paragraph (2) if, but only if, they are satisfied— that an alternative bridleway or footpath has been provided, that an alternative bridleway or footpath will be provided before the proposed stopping up takes place, or that the provision of an alternative bridleway or footpath is not required. Where the appropriate Ministers grant an application under sub-paragraph (2), they must notify the nominated undertaker of the basis on which the application is granted. Where an application under sub-paragraph (2) is granted on the basis that an alternative bridleway or footpath will be provided, the proposed stopping up may not take place until the alternative has been provided. Before making an application under sub-paragraph (2), the nominated undertaker must publish in at least one local newspaper circulating in the relevant area a notice— specifying— the bridleway or footpath, or part, proposed to be stopped up, what, if any, alternative bridleway or footpath is proposed, and if no alternative is proposed, the reasons why, specifying a place in the relevant area where a map or plan illustrating the proposals may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (““the publication date””), stating that any person may within that period make representations about confirmation under sub-paragraph (2) of the proposed stopping up, and specifying the manner in which such representations may be made. Not later than the publication date, the nominated undertaker must— give a copy of the notice, together with any map or plan to which it refers, to every local authority whose area includes any of the land on which the bridleway or footpath, or part, proposed to be stopped up is situated, and cause a copy of the notice to be displayed in a prominent position at the ends of the bridleway or footpath, or part, proposed to be stopped up. Before granting an application under sub-paragraph (2), the appropriate Ministers must consider any representations made to them in accordance with the nominated undertaker's notice which have not been withdrawn. Unless they direct otherwise, the appropriate Ministers' functions in relation to an application under sub-paragraph (2) must, instead of being carried out by them, be carried out by a person appointed by them for the purpose. In sub-paragraph (6), references to the relevant area are to the area in which the bridleway or footpath, or part, proposed to be stopped up is situated. In sub-paragraph (7)(a), “"local authority”” means— the council of a county, district, parish or London borough, the London Fire Commissioner, a joint authority established by Part 4 of the Local Government Act 1985, a housing action trust established under Part 3 of the Housing Act 1988, and the parish meeting of a rural parish not having a separate parish council. In this paragraph, references to the appropriate Ministers are to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs and, in relation to the carrying out of any functions, are to those Ministers acting jointly. On a highway or part of a highway being stopped up under paragraph 2 or 3— all rights of way over or along it are extinguished, and the Secretary of State may appropriate and use, without making any payment, so much of the site of it as is bounded on both sides by land owned by the Secretary of State. The nominated undertaker must compensate any person who suffers loss by the extinction under this paragraph of a private right of way. Any dispute as to a person's entitlement to compensation under sub-paragraph (2), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. The Secretary of State is not entitled to any mines or minerals under land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b), with the exception of minerals necessarily extracted or used in the construction of the undertaking which the nominated undertaker is authorised to carry on by this Act. Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (regulation of the working of mines or minerals underlying an authorised undertaking) has effect in relation to the working of any mines or minerals underlying land which the Secretary of State is entitled to appropriate and use under sub-paragraph (1)(b) as if— references to the undertaking were to the undertaking which the nominated undertaker is authorised to carry on by this Act, in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority were to the nominated undertaker, and in paragraph 6, the first reference to the acquiring authority were to the nominated undertaker. The powers under section 2(1), (3) and (5) may be exercised in such a way as to obstruct the highway, but only with the consent of the highway authority, such consent not to be unreasonably withheld. Any dispute with a highway authority under sub-paragraph (1) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State. If a highway authority which receives an application for consent under sub-paragraph (1) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted it. For the purposes of the works authorised by this Act, the nominated undertaker may— temporarily stop up or alter or divert any highway or part of a highway; for any reasonable time divert traffic from, and prevent persons passing along, any highway or part of a highway; break up or interfere with any highway or part of a highway (including any sewer, drain or tunnel in it); temporarily remove any street furniture in or beside a highway. The nominated undertaker must provide reasonable access for pedestrians going to or from premises abutting on a highway affected by the exercise of the powers under sub-paragraph (1) (a) to (c) if there would otherwise be no such access. Before exercising the powers under sub-paragraph (1) in relation to a highway, and to an extent, specified in table 3 in Part 4 of this Schedule, the nominated undertaker must consult the relevant authority. The purpose of consultation under sub-paragraph (3) is to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience. Before exercising the powers under sub-paragraph (1) in relation to a highway, or to an extent, not specified in table 3, the nominated undertaker must obtain the consent in writing of the relevant authority. Consent under sub-paragraph (5) must not be unreasonably withheld, but may be given subject to such conditions as the relevant authority may reasonably require in the interest of public safety or convenience. If a relevant authority which receives an application for consent under sub-paragraph (5) fails to notify the applicant of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having granted the application. In the case of the powers in sub-paragraph (1)(a) to (c), sub-paragraph (7) has effect in relation to an application for consent which relates to— a GLA side road (within the meaning of the Road Traffic Regulation Act 1984), or a road which is designated under section 60(1) or 61(1) of the Traffic Management Act 2004 (roads in Greater London which are strategic roads), as if for ““28”” there were substituted “ 42 ”. Any dispute with a relevant authority about consent under sub-paragraph (5) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State. There is no need to reinstate a highway or part of a highway in relation to which any of the powers under sub-paragraph (1) (a) to (c) has been exercised where the exercise of the power comes to an end on the exercise, in relation to the highway or part, of the power under paragraph 2(1) or 3(1). “"relevant authority”” means— the highway authority, in the case of the powers in sub-paragraph (1)(a) to (c); the owner of the street furniture, in the case of the power in sub-paragraph (1)(d); “"street furniture”” includes traffic signs, street lighting and bus shelters. The nominated undertaker may, for the purposes of the works authorised by this Act, enter upon any highway within the Act limits and— place, maintain or alter, or change the position of, apparatus in it, remove apparatus from it, and execute any works required for, or incidental to, any works authorised by paragraph (a) or (b). In this paragraph, “"apparatus”” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991. Works executed under this Act in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if— they are of a description mentioned in section 86(3)(a), (c) to (e), (g) or (h) of that Act (which defines what highway authority works are major highway works), or they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers under section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980. Sub-paragraph (1) does not apply to works executed under powers delegated to a highway authority by an agreement under paragraph 12(2) of this Schedule (construction delegation agreements). Any highway or part of a highway which is stopped up under paragraph 6(1)(a) may be used as a working site if it is within the Act limits. Where under this Act the nominated undertaker— constructs a new highway, or alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991, the construction or alteration must be completed to the reasonable satisfaction of the highway authority. Where work mentioned in sub-paragraph (1) has been completed to the reasonable satisfaction of a highway authority, it must certify that fact in writing to the nominated undertaker. If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made— issue a certificate under that sub-paragraph, or notify the nominated undertaker of its decision to refuse to issue such a certificate, it is to be treated as having issued such a certificate at the end of that period. Sub-paragraph (2) applies where under this Act the nominated undertaker— constructs a new highway which is constituted by or comprises a carriageway, or realigns a highway which is constituted by or comprises a carriageway. The construction or realignment must be carried out in accordance with plans, sections and specifications approved by the highway authority at the request of the nominated undertaker; and such approval is not to be unreasonably withheld. Any dispute with a highway authority under sub-paragraph (2) must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State. If, on application by the nominated undertaker for the approval of plans, sections or specifications under sub-paragraph (2), the highway authority fails to notify the nominated undertaker of its decision on the application before the end of 28 days beginning with the date on which the application was made, it is to be treated as having approved the plans, sections or specifications as submitted. Where under this Act the nominated undertaker is authorised to stop up or interfere with an existing highway or part of an existing highway, it may enter into an agreement with the controllers of the highway concerning the construction (or contribution towards the expenses of construction) of— any new highway to be provided in substitution, any alteration of the existing highway, and any related matters. Where the nominated undertaker has entered into an agreement under sub-paragraph (1) with the controllers of an existing highway, the nominated undertaker may, by agreement with them, delegate to them the power of constructing— any new highway to be provided in substitution, or any alteration of the existing highway, including any bridge over any railway. Works executed by the controllers of an existing highway under a delegation agreement under sub-paragraph (2) which could have been carried out by them under section 64 or 184 of the Highways Act 1980 are to be treated for the purposes of section 86(3) of the New Roads and Street Works Act 1991 as having been so carried out by them. References in this paragraph to the controllers of a highway are to the persons having the charge, management or control of it. This paragraph applies in relation to a work authorised by this Act which appears to the Secretary of State to constitute— the construction of an extension to a trunk road or special road, or the realignment of a trunk road or special road. The Secretary of State may by order made by statutory instrument provide that the highway comprising the extension or realignment is to become a trunk road or special road (or both) as from a date— specified in the order, or if the order so provides, specified in an instrument in writing after the making of the order. Where, under an order under this paragraph, a highway becomes a special road— the order must specify the special road authority for the highway, the highway is to be regarded as provided by the specified special road authority under a scheme under section 16 of the Highways Act 1980 made on the day the order is made, and the highway is to be regarded as so provided for the use of traffic of such classes referred to in Schedule 4 to that Act as may be provided for in the order (and the order may make different provision for different parts of the highway). Provision under sub-paragraph (3)(c) may be expressed by reference to classes of traffic which are at any time authorised under a scheme under section 16 of the Highways Act 1980 in relation to the road of which the highway is a realignment or extension. alters a highway, otherwise than by carrying out street works within the meaning of Part 3 of the New Roads and Street Works Act 1991. The new or altered highway must be maintained by and at the expense of the nominated undertaker for a period of 12 months from— if later, the date on which it is first open for public use; and after the end of that period must be maintained by and at the expense of the highway authority. Sub-paragraph (2) is subject to— any agreement between the nominated undertaker and the highway authority as to alternative arrangements relating to the maintenance of the highway, and sub-paragraph (4), in respect of a period for which the nominated undertaker is under a duty to maintain the highway. Unless otherwise agreed between the highway authority and the nominated undertaker, the highway authority must ensure, so far as reasonably practicable, that safe passage along the new or altered highway is not endangered by snow or ice. Where the highway authority is satisfied that a highway mentioned in sub-paragraph (2) is practically complete or is open for public use, it must, at the request of the nominated undertaker, certify to it in writing the date of practical completion of the highway or, as the case may be, the date on which it was first open for public use. If the highway authority refuses a request to issue a certificate under sub-paragraph (5), or if the nominated undertaker disputes the date given in a certificate under that sub-paragraph, the matter must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State. For the purposes of sub-paragraph (2), the date of practical completion of a highway, or the date on which it is first open for public use, is to be taken to be— where the date has been determined under sub-paragraph (6), the date so determined, and where it has not, the date certified under sub-paragraph (5). Sub-paragraph (2) does not have effect to impose any obligation in relation to— the structure of any bridge carrying a highway over any railway of the nominated undertaker, or the structure of any tunnel carrying a highway under any such railway. Nothing in this paragraph affects the operation of section 87 of the New Roads and Street Works Act 1991. Where the nominated undertaker is responsible for maintaining a bridge carrying either of the following over a railway— a new highway constructed under this Act, or a highway altered under this Act, the nominated undertaker may, by agreement with the persons having the charge, management or control of the highway, delegate to them the function of maintaining the bridge. Section 58(1) and (2) of the Highways Act 1980 (special defence in action against highway authority for damages for non-repair of highway) applies to an action against the nominated undertaker in respect of damage resulting from its failure to maintain a highway under paragraph 14(2) or 14(3)(a) as it applies to an action against a highway authority as mentioned in section 58(1) of that Act (and references in section 58(1) and (2) to the highway authority are to be read accordingly). Notwithstanding anything in section 46 of the Railways Clauses Consolidation Act 1845, as incorporated with this Act, the nominated undertaker is not liable to maintain the surface of any highway under or over which the scheduled works are constructed, or the immediate approaches to any such highway. Each of sections 116 and 117 of the Transport Act 1968 (duties as respects bridges carrying highways over railways) has effect as if the nominated undertaker were one of the boards mentioned in the section in question. NOTE: References in column (3) of table 2 to a footpath or bridleway include any highway over which members of the public have, or are to have, a right of way on foot and (in the case of a bridleway) on horseback or leading a horse, whether or not with any other public rights of way. The purposes for which land specified in the following table may be acquired under section 4(1) include (but are not limited to) the purpose specified in relation to that land in the third column of the table. The Land Clauses Consolidation Act 1845 does not apply to the acquisition of land under section 4(1). In its application by virtue of section 4(3), the Compulsory Purchase Act 1965 has effect as if it were subject to the following modifications. Omit section 4 (time for exercise of compulsory purchase powers). In section 11(1B) (power to enter on and take possession of land the subject of a notice to treat after giving the specified notice)— in a case where the notice to treat relates only to one or more of the following— the acquisition of subsoil or under-surface of land, where the subsoil or under-surface lies more than 9 metres below the surface; the acquisition of airspace over land; an easement, restrictive covenant or other right over land, for ““3 months”” substitute “ 1 month ”, and after ““11A(4)”” insert “ or (6) and (7) ”. In section 11A (powers of entry: further notices of entry)— in subsection (1)(a), after ““land”” insert “ under that provision ”, in subsection (2), after ““land”” insert “ under that provision, to the extent that the newly identified person is the owner, lessee or occupier of the land, ”, in subsection (4)(a), for ““14 days”” substitute “ 7 days ”, and at the end insert— Subsections (6) and (7) apply for the purposes of determining the period to be specified in the notice of entry under section 11(1) served on the newly identified person in a case where subsection (4) does not apply. The period specified in the notice must be— a period that ends no earlier than the end of the period of 7 days beginning with the day on which the notice of entry is served, and in any other case, a period that ends no earlier than the end of the period of 28 days beginning with the day on which the notice of entry is served. The period specified in the notice must end no earlier than the end of the period specified in any previous notice of entry given by the acquiring authority in respect of the land. In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for ““section 4 of this Act”” substitute “ section 10(1) of the High Speed Rail (London - West Midlands) Act 2017 ”. In Schedule 2A (proposal to acquire part only of a house, building or factory)— omit paragraphs 1(2) and 14(2), and In this Schedule, references to entering on and taking possession of land do not include doing so under Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 (temporary possession and use of land). In its application by virtue of section 4(4), the Compulsory Purchase (Vesting Declarations) Act 1981 has effect as if— before section 4 there were inserted section 3A (as set out in paragraph 7 of Schedule 14), sections 5 and 5A (which respectively set out the earliest date, and the time limit, for the execution of a general vesting declaration) were omitted, in section 6 (notices after execution of general vesting declaration), the reference to the invitation under section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981 were a reference to the invitation under section 3A(3) (as inserted by paragraphs 6 and 7 of Schedule 14), in section 9 (minor tenancies and tenancies about to expire: power to enter on and take possession of land the subject of a notice to treat after giving the specified notice), for ““3 months”” there were substituted “ 14 days ”, in Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration), paragraph 1(2) were omitted, and references to the Compulsory Purchase Act 1965 were to that Act as applied by section 4(3) to the acquisition of land under section 4(1). Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to compulsory purchase where unnecessary things done with view to obtaining compensation) has effect in relation to a compulsory purchase under this Act as if it were a compulsory purchase for the purposes of that Act. Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of working of mines or minerals underlying an authorised undertaking) have effect in relation to land to which section 4(1) applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule. In their application by virtue of sub-paragraph (2), Parts 2 and 3 of Schedule 2 to the Acquisition of Land Act 1981 have effect as if— references to the acquiring authority, except the second reference in paragraph 6, were to the nominated undertaker, and references to the undertaking were to the undertaking which the nominated undertaker is authorised by this Act to carry on. Part 1 of the Compulsory Purchase Act 1965 (referred to in this Schedule as “"CPA 1965””), as applied by section 4(3) to the acquisition of land under section 4(1), and the enactments relating to compensation for the compulsory purchase of land, apply to a compulsory acquisition under section 4(1) by virtue of section 5— with the modifications specified in paragraph 2, and with such other modifications as may be necessary. The modifications referred to in paragraph 1(a) are as follows. References in CPA 1965 to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to— the right acquired or to be acquired or (as the case may be) the restrictive covenant imposed or to be imposed, or the land over which the right is, or is to be, exercisable or (as the case may be) the restrictive covenant is, or is to be, enforceable. For section 7 of CPA 1965 substitute— In assessing the compensation to be paid by the acquiring authority under this Act, regard shall be had, not only to the extent (if any) to which the value of the land over which the right is acquired or the restrictive covenant is imposed is depreciated by the acquisition of the right or the imposition of the covenant, but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. The following provisions of CPA 1965 (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)— section 9(4) (failure of owners to convey), paragraph 10(3) of Schedule 1 (owners under incapacity), paragraph 2(3) of Schedule 2 (absent and untraced owners), and paragraphs 2(3) and 7(2) of Schedule 4 (common land), are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily or the benefit of the covenant which is to be imposed is vested absolutely in the acquiring authority. Section 11 of CPA 1965 (powers of entry) is modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right or restrictive covenant as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 4(1)), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right or enforcing that covenant; and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) of that Act are modified accordingly. Section 20 of CPA 1965 (compensation for short-term tenants) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of the land, but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right or enforcement of the restrictive covenant in question. Section 22 of CPA 1965 (protection of acquiring authority's possession of land where interest accidentally omitted from purchase) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation. For Schedule 2A to CPA 1965 substitute— This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory. In this Schedule, “"house”” includes any park or garden belonging to a house. A person who is able to sell the house, building or factory (“"the owner””) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. On receiving a counter-notice, the acquiring authority must decide whether to— withdraw the notice to treat, accept the counter-notice, or refer the counter-notice to the Upper Tribunal. The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (““the decision period””). If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— in the case of a house, building or factory, cause material detriment to the house, building or factory, or in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. In making its determination, the Upper Tribunal must take into account— the effect of the acquisition of the right or the imposition of the covenant, the use to be made of the right or covenant proposed to be acquired or imposed, and if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. Any dispute as to the compensation is to be determined by the Upper Tribunal. In section 5A of the Land Compensation Act 1961 (relevant valuation date)— for subsection (5A) substitute— the acquiring authority enters on land for the purpose of exercising a right or enforcing a restrictive covenant in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965, the authority is subsequently required by a determination under paragraph 13 of Schedule 2A to that Act (as substituted by paragraph 2(8A) of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017) to acquire an interest in the land, and the authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on and taken possession of that land when it entered on it for the purpose of exercising the right or enforcing the covenant. in subsection (5B), for paragraphs (a) and (b) substitute— a right over, or restrictive covenant affecting, land is the subject of a general vesting declaration, by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and the vesting date for the right or covenant is different from the vesting date for the interest in the land, In the Land Compensation Act 1973, for section 44 substitute— Where— a right over land is acquired from any person for the purpose of works which are to be situated partly on that land and partly elsewhere, or a restrictive covenant over land is imposed on any person for the purpose of such works, compensation for injurious affection of land retained by that person shall be assessed by reference to the whole of the works and not only the part situated on the land over which the right is exercisable or the covenant is enforceable. In this section, “"compensation for injurious affection”” means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 1 of Schedule 9 to the High Speed Rail (London - West Midlands) Act 2017. The Compulsory Purchase (Vesting Declarations) Act 1981 (“"the 1981 Act””), as applied by section 4(4) to the acquisition of land under section 4(1), applies to a compulsory acquisition under section 4(1) by virtue of section 5— with the modifications specified in paragraph 4, and The enactments relating to compensation for the compulsory purchase of land also apply to a compulsory acquisition under section 4(1) by virtue of section 5. The modifications referred to in paragraph 3(1)(a) are as follows. References in the 1981 Act to land are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to— References in the 1981 Act to the Compulsory Purchase Act 1965 are to be read as references to that Act as it applies to a compulsory acquisition under section 4(1) by virtue of section 5. Section 8(1) of the 1981 Act (vesting, and right to enter and take possession) is modified so as to secure— that a general vesting declaration in respect of any right or restrictive covenant vests the right or the benefit of the covenant in the acquiring authority on the vesting date, and that, as from the vesting date, the acquiring authority have power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right or enforcing that covenant as if the circumstances mentioned in section 8(1)(a) and (b) of the 1981 Act had arisen. Section 9(2) of the 1981 Act (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies, unless notice has been served on occupiers of the land) is modified so as to require a notice served by the appropriate authority under that provision to refer to the authority's intention to enter land specified in the notice in order to exercise the right or enforce the restrictive covenant. In section 10(1) of the 1981 Act (acquiring authority's liability on vesting of land), the reference to the acquiring authority's taking possession of the land under section 11(1) of CPA 1965 is to be read instead as a reference to the authority's exercising the power to enter the land under that provision as modified by paragraph 2(6) of this Schedule. Schedule A1 to the 1981 Act (counter-notice requiring purchase of land not in general vesting declaration) has effect as if— in paragraph 1(1), for ““part only of”” there were substituted “ only the acquisition of a right over, or the imposition of a restrictive covenant affecting, ”, paragraph 1(2) were omitted, references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired or the restrictive covenant proposed to be imposed, references to the additional land were to the house, building or factory over which the right or covenant is proposed to be exercisable or enforceable, in paragraphs 14 and 15, references to the severance of the land proposed to be acquired were to the acquisition of the right or the imposition of the restrictive covenant, and in paragraph 15, after ““in addition to”” there were substituted “ or in substitution for ”. In the case of land specified in the following table, the power under section 4(1) may be exercised only in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface. In the case of land specified in the following table, the power under section 4(1) may be exercised only in either or both of the following ways— in relation to so much of the subsoil or under-surface of the land as lies more than 9 metres below the level of the surface; so as to acquire rights of passage. In this paragraph, “"rights of passage”” means easements or other rights over land for the passage of persons or vehicles (with or without materials, plant and machinery) for Phase One purposes. Paragraphs 1 and 2 are subject to any power to impose restrictive covenants by virtue of section 5(3). Paragraphs 1 and 2 do 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— If the Secretary of State makes an order under section 10(2), the following provisions have effect as from the coming into force of the order. Those provisions do not apply to any subsoil or under-surface of land required only for the construction of a work at a level more than 9 metres below the level of the surface of the land. Sub-paragraph (2) applies if a person with a qualifying interest in any of the land in relation to which the order is made gives notice to the Secretary of State (a ““relevant notice””) that the person desires his or her interest in such of that land as is specified in the notice to be acquired by the Secretary of State. The Secretary of State must, within 3 months immediately following receipt of the relevant notice— enter into an agreement with the person for the acquisition of the person's interest in the whole or part of the land specified in the notice, exercise the applicable compulsory acquisition powers in respect of the person's interest in the whole or part of that land, or give the person notice of the Secretary of State's intention not to proceed with the purchase of the person's interest in any of that land.

For the purposes of sub-paragraph (1) a person has a ““qualifying interest”” in land if the person is the owner or lessee of the land. Where a person gives the Secretary of State a relevant notice and the Secretary of State— fails to comply with the requirements of sub-paragraph (2) of paragraph 2, withdraws a notice to treat served in compliance with paragraph (b) of that sub-paragraph, or gives the person a notice under paragraph (c) of that sub-paragraph, the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in any of the land specified in the relevant notice. a person gives the Secretary of State a relevant notice, and the Secretary of State acquires in pursuance of paragraph 2(2)(a) or (b) the person's interest in some, but not all, of the land specified in the notice, the applicable compulsory acquisition powers cease to be exercisable in respect of that person's interest in the remainder of that land. References in this Schedule to the ““applicable compulsory acquisition powers”” are to— the power to serve a notice to treat 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 the power to execute a declaration 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). In this Schedule— “"lessee”” means a person who holds an interest under a lease which has at least 21 years to run at the date of the giving of a relevant notice by that person; “"owner””, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion. Omit section 6. In section 7(2) (acquisition of airspace), for paragraphs (a) and (b) substitute— In section 8(2) (acquisition of subsoil or under-surface), for paragraphs (a) and (b) substitute— In section 49 (compulsory acquisition of land for relocation)— omit subsection (4)(b), and in subsection (5), omit ““237,””. Paragraph 2 of Schedule 6 (acquisition of land: application of Compulsory Purchase Act 1965) is amended as follows. For sub-paragraph (3) substitute— After that sub-paragraph insert— After sub-paragraph (4) insert— Omit sub-paragraph (5). For paragraph 3 of Schedule 6 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981) substitute— This is the section referred to in paragraph 3(a) of Schedule 6 (as substituted by paragraph 6 above)— Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is— given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and published in the London Gazette. A notice under subsection (1) must be given before the service of any notice to treat in respect of the land with respect to which the declaration is to be made. The notice must— contain a statement, in the form prescribed for the purposes of section 15(4)(e) of the Acquisition of Land Act 1981 (with any necessary modifications), about the effect of Parts 2 and 3 of this Act, and invite any person who would be entitled to claim compensation if a declaration were executed under section 4 to give the acquiring authority information about the person's name, address and interest in land, using the form prescribed for the purposes of section 15(4)(f) of the Acquisition of Land Act 1981 (with any necessary modifications). A notice complying with the preceding provisions of this section must be sent to the Chief Land Registrar and it shall be a local land charge. For the purposes of this section, a person has a relevant interest in land if— the person is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or the person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month. Paragraph 2 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase Act 1965) is amended as follows. Omit sub-paragraph (4). After sub-paragraph (8) insert— After sub-paragraph (8A) (inserted by sub-paragraph (3) above) insert— In section 5A(5B) of the Land Compensation Act 1961 (relevant valuation date), for paragraphs (a) and (b) substitute— Omit sub-paragraph (10). In paragraph 4 of Schedule 9 (acquisition of rights in land: application of Compulsory Purchase (Vesting Declarations) Act 1981), for sub-paragraph (7) substitute— Omit Schedule 10. This Schedule applies to— land within the Act limits which is held by the Secretary of State for Phase One purposes, and land within the Act limits in relation to which the Secretary of State has acquired a right (whether by creating a new right or acquiring an existing right) or imposed a restrictive covenant for Phase One purposes. All private rights over land within paragraph 1(a) are extinguished at the appropriate time. All private rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed. In this Schedule, ““private rights”” include— private rights of way over land, rights of common, easements, liberties, privileges, rights or advantages annexed to land and adversely affecting other land, including any natural right to support, and restrictions as to the user of land arising under a contract. Where the power under section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised in the case of land within paragraph 1(a) or (b), sub-paragraph (1) or (2) (as the case may be) has effect in relation to rights of common over the land notwithstanding anything in Schedule 4 to that Act (which preserves rights of common over land until payment of compensation). The Secretary of State may, in relation to a private right, direct— that paragraph 2 does not apply to the right, or that paragraph 2 applies to the right only to the extent specified in the direction. A direction under sub-paragraph (1) must be given before the appropriate time. Paragraph 2 does not apply to— a right over land which, were the land held otherwise than by the Secretary of State, would not be capable of being acquired under section 4(1), or a right to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc) applies (and see section 13 as to the application of those sections). Any person who suffers loss by the extinction of a private right under paragraph 2 is entitled to be compensated by the nominated undertaker. Any dispute as to a person's entitlement to compensation under this paragraph, or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. This paragraph does not apply where compensation in respect of rights of common is payable under Schedule 4 to the Compulsory Purchase Act 1965. All general rights over land within paragraph 1(a) are extinguished at the appropriate time. All general rights over land within paragraph 1(b) are extinguished at the appropriate time, so far as the continuance of those rights would be inconsistent with the exercise of the right acquired or the restrictive covenant imposed. In this Schedule, references to ““general rights”” over land are to— rights to access land (however expressed) which are exercisable as a result of section 2(1) of the Countryside and Rights of Way Act 2000 or an enactment mentioned in section 15 of that Act, other public rights over land which are conferred by an enactment, and rights exercisable as a result of trusts or incidents to which a common, town or village green, open space or allotment is subject. The Secretary of State may, in relation to a general right, direct— that paragraph 5 does not apply to the right, or that paragraph 5 applies to the right only to the extent specified in the direction. References in this Schedule to ““the appropriate time”” are to be read as follows. In the case of— land held immediately before the day on which this Act is passed, or land which, immediately before that day, was land in relation to which a right had been acquired or a restrictive covenant had been imposed, the appropriate time is the end of the period of 14 days beginning with that day. land acquired on or after the day on which this Act is passed, or land in relation to which a right has been acquired or a restrictive covenant has been imposed on or after that day, the appropriate time is the time of acquisition or (in the case of a restrictive covenant) imposition. Sub-paragraph (3) is subject to sub-paragraphs (5) and (6) (which apply to land or a right acquired compulsorily or to a restrictive covenant imposed compulsorily). Where the power under section 11(1) of the Compulsory Purchase Act 1965 has been exercised in relation to the land, the appropriate time is— the time of entry under that provision, or in the case of the acquisition of a right or the imposition of a restrictive covenant, the time when the power to enter the land for the purpose of exercising the right or enforcing the covenant becomes exercisable under that provision (as modified in accordance with paragraph 2(6) of Schedule 9). Where a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 has been made in relation to the land, the appropriate time is the vesting date (within the meaning of that Act). the Secretary of State acquires land within the Act limits for Phase One purposes, or the Secretary of State acquires a right, or imposes a restrictive covenant, over land within the Act limits. The Secretary of State must notify the commons registration authority of the acquisition or (in the case of a restrictive covenant) imposition if it relates to— land registered in a register of common land as common land, land registered in a register of town or village greens as a town or village green, or a right of common registered in relation to land within paragraph (a) or (b). A notice under sub-paragraph (2) must include— a copy of this Schedule, a copy of the instrument by which the acquisition or imposition was effected, the number of the register unit and (where applicable) the number of the rights section entry in the register of common land or of town or village greens to which the notice relates, and a description of the amendment required to the register in question in consequence of the acquisition or imposition. Sub-paragraph (5) applies where, in connection with the acquisition or imposition— other land is given in exchange, or other land is to be made subject to a right of common equivalent to a right of common extinguished by virtue of paragraph 2. The notice under sub-paragraph (2) must contain— details of the land being given or the right of common being granted, and an application for (as the case may be)— the registration of the land as common land or as a town or village green, or the registration of the right being granted. The commons registration authority must make such amendments as may be necessary to a register in consequence of sub-paragraph (2) (including any amendments necessary in consequence of sub-paragraph (5)). Nothing in— regulations under section 14 of the Commons Act 2006, or regulations under section 13 of the Commons Registration Act 1965, applies to an acquisition or imposition mentioned in sub-paragraph (1). references to section 11(1) of the Compulsory Purchase Act 1965 are to that provision as applied by section 4(3) of this Act to the acquisition of land under section 4(1) of this Act; references to section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 are to that section as applied by section 4(4) of this Act to the acquisition of land under section 4(1) of this Act; “"right of common”” has the same meaning as in the Commons Act 2006. The nominated undertaker may enter upon and take possession of the land specified in the table in Part 4 of this Schedule— for the purpose specified in relation to the land in column (3) of the table in connection with the authorised works specified in column (4) of the table, for the purpose of constructing such works as are mentioned in column (5) of the table in relation to the land, or otherwise for Phase One purposes. The nominated undertaker may (subject to paragraph 2(1)) enter upon and take possession of any other land within the Act limits for Phase One purposes. The reference in sub-paragraph (1)(a) to the authorised works specified in column (4) of the table includes a reference to any works which are necessary or expedient for the purposes of or in connection with those works. Paragraph 1(2) does not apply in relation to— land which is subject to a restricted power of compulsory acquisition, land in respect of which a notice of entry has been served under section 11 of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant, or land in respect of which a declaration has been made 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)), other than in connection with the acquisition of rights or subsoil only or the imposition of a restrictive covenant. The power under section 4(1) (power to acquire land compulsorily) is not exercisable in relation to land specified in the table in Part 4 of this Schedule. But sub-paragraph (2) does not apply in relation to land specified in the table to the extent (if any) that— the land is subject to a restricted power of compulsory acquisition, or there is power by virtue of section 5(3) to impose restrictive covenants over the land. For the purposes of this Schedule, land is subject to a restricted power of compulsory acquisition if the power under section 4(1) may be exercised in relation to the land only— so as to acquire rights relating to the land (see section 5(4)), so as to acquire the subsoil or under-surface of the land or so as to acquire rights of passage over the land (see paragraphs 1 and 2 of Schedule 11), (ignoring any power by virtue of section 5(3) to impose restrictive covenants over the land). Where under paragraph 1(1) or (2) the nominated undertaker has entered upon and taken possession of land, the nominated undertaker may, for the purposes of or in connection with the construction of the works authorised by this Act— remove any structure or vegetation from the land, construct such works as are mentioned in relation to the land in column (5) of the table in Part 4 of this Schedule, construct temporary works (including the provision of means of access) and structures on the land, and construct landscaping and other works on the land to mitigate any adverse effects of the construction, maintenance or operation of the works authorised by this Act. The other works referred to in sub-paragraph (1)(d) include works involving the planting of trees and shrubs and the provision of replacement habitat for wild animals. In this paragraph, “"structure”” includes any erection. Not less than 28 days before entering upon and taking possession of land under paragraph 1(1) or (2), the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so. The nominated undertaker may not, without the agreement of the owners of the land, remain in possession of land under paragraph 1(1) or (2) after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken. Sub-paragraph (2) does not apply, in the case of land mentioned in paragraph 1(2), if before the end of the one-year period either of the following powers has been exercised in relation to the land— the power to serve a notice to treat under Part 1 of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1)); the power to execute a declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (as applied by section 4(4) of this Act to the acquisition of land under section 4(1)). The nominated undertaker must pay compensation to the owners and occupiers of land of which possession is taken under paragraph 1(1) or (2) for any loss which they may suffer by reason of the exercise in relation to the land of the power or powers under that paragraph. Any dispute as to a person's entitlement to compensation under sub-paragraph (4), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) to the acquisition of land under section 4(1)) or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (4). Before giving up possession of land of which possession has been taken under paragraph 1(1) or (2), the nominated undertaker must, in accordance with a scheme agreed with the owners of the land and the relevant planning authority, put the land into such condition as the scheme may provide. If no scheme has been agreed for the purposes of this paragraph within 6 months of the date of completion mentioned in paragraph 4(2) in relation to the land, the scheme is to be such as may be determined by the appropriate Ministers after consulting the nominated undertaker, the owners of the land and the relevant planning authority. Unless the owners of the land and the nominated undertaker otherwise agree, a scheme determined under sub-paragraph (2) must provide for land to be restored to its former condition. Sub-paragraph (3) does not require land on which works referred to in paragraph 1(1)(b) or 3(1)(d) have been constructed to be restored to its former condition. Unless the nominated undertaker otherwise agrees, a scheme determined under sub-paragraph (2) may not provide for the nominated undertaker to replace a structure removed under paragraph 3, other than a fence. Where the appropriate Ministers ask the relevant planning authority for assistance in connection with the carrying out by them of their function under sub-paragraph (2), they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which it reasonably incurs in meeting the request. The duty under sub-paragraph (1) in relation to any land is owed separately to the owners of the land and to the relevant planning authority. Where a scheme for the purposes of this paragraph provides for any step to be taken by the nominated undertaker before a specified date and that step has not been taken before that date, the relevant planning authority may— enter the land concerned and take that step, and require the nominated undertaker to reimburse to it any expenses which it reasonably incurs in acting under paragraph (a). “"appropriate Ministers”” means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport and, in relation to the carrying out of any function, means those Ministers acting jointly; “"relevant planning authority”” means the unitary authority or, in a non-unitary area, the district council in whose area the land is situated. the unitary authority in whose area the land is situated is a London borough council, and as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for that area, the relevant planning authority is the Mayoral development corporation instead of the London borough council. The Secretary of State may make regulations modifying the operation of this Part of this Schedule— Regulations under this paragraph— A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. At any time during the maintenance period relating to any of the scheduled works, the nominated undertaker may— enter upon and take possession of any land which is— within 20 metres from that work, and within the Act limits, if possession of the land is reasonably required for the purposes of or in connection with maintaining the work or any ancillary works connected with it, and construct on the land such temporary works (including the provision of means of access) and structures as may be reasonably so required, unless the land is specified in the table in Part 4 of this Schedule. Sub-paragraph (1) does not authorise the nominated undertaker to take possession of— a house, any other structure which is for the time being occupied, or a garden belonging to a house, or land which is subject to a restricted power of compulsory acquisition. The nominated undertaker may only remain in possession of the land for so long as may be reasonably required to carry out the maintenance works for which possession of the land was taken. “"the maintenance period””, in relation to any work, means the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use; “"structure”” includes any erection; the reference in sub-paragraph (1)(a) to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of any point on the surface below which the work is situated. Not less than 28 days before entering upon and taking possession of land under paragraph 7, the nominated undertaker must give notice to the owners and occupiers of the land of its intention to do so. Before giving up possession of the land, the nominated undertaker must restore the land to the reasonable satisfaction of its owners. The nominated undertaker must pay compensation to the owners and occupiers of the land for any loss which they may suffer by reason of the exercise in relation to the land of the powers under paragraph 7. Any dispute as to a person's entitlement to compensation under sub-paragraph (3), or as to the amount of compensation, must be determined under and in accordance with Part 1 of the Land Compensation Act 1961. Nothing in this paragraph affects any liability to pay compensation under section 10(2) of the Compulsory Purchase Act 1965 (as applied by section 4(3) of this Act to the acquisition of land under section 4(1)), or under any other enactment, otherwise than for loss for which compensation is payable under sub-paragraph (3). All private rights over land of which the nominated undertaker takes possession under paragraph 1 (1) or (2) or 7 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land. The nominated undertaker may, in relation to a private right, direct— that sub-paragraph (1) does not apply to the right, or that sub-paragraph (1) applies to the right only to the extent specified in the direction. In this paragraph, ““private rights”” include— Any person who suffers loss by reason of the suspension of a right under sub-paragraph (1) is entitled to be compensated by the nominated undertaker. This paragraph applies to a private right which is for the benefit of Crown land if the Crown authority consents (and consent may be subject to conditions). All general rights over land of which the nominated undertaker takes possession under paragraph 1 (1) or (2) or 7 are suspended and unenforceable for as long as the nominated undertaker remains in lawful possession of the land. The nominated undertaker may, in relation to a general right, direct— In this paragraph, references to ““general rights”” over land are to— Section 13 of the Compulsory Purchase Act 1965 (refusal to give possession to acquiring authority) applies for the purposes of this Schedule as if— references to the acquiring authority were to the nominated undertaker, references to compensation payable to the person refusing to give possession were to compensation payable under this Schedule, and in subsection (1), for ““this Act”” there were substituted “ Schedule 16 to the High Speed Rail (London - West Midlands) Act 2017 ”. In the case of Crown land, that section does not, by virtue of sub-paragraph (1), apply as against the Crown authority for that land. The requirements in paragraphs 2 to 12 are conditions of deemed planning permission under section 20(1). To the extent that development consists of building works, it must be carried out in accordance with plans and specifications for the time being approved by the relevant planning authority. In this paragraph “"relevant planning authority”” means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out. The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires additional details of the building works to be submitted for approval. Where the relevant planning authority exercises the power conferred under sub-paragraph (3), the plans and specifications referred to in sub-paragraph (1) must, as regards the specified respect, include a plan or specification showing the additional details. If the relevant planning authority is a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that— the design or external appearance of the building works ought to be modified— to preserve the local environment or local amenity, to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or to preserve a site of archaeological or historic interest or nature conservation value, and is reasonably capable of being so modified, or the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits. If the relevant planning authority is not a qualifying authority, it may only refuse to approve plans or specifications for the purposes of this paragraph on the ground that— the design or external appearance of the building works ought to be modified to preserve the local environment or local amenity and is reasonably capable of being so modified, or The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground referred to in sub-paragraph (5) or (6) (as the case may be). In this paragraph, “"building works”” means the erection, construction, alteration or extension of any building, other than a temporary building. For these purposes, a building ancillary to a scheduled work is only a temporary building if it is intended to remain in place for no longer than two years after the date on which the scheduled work is brought into general use. The requirements in this paragraph do not apply to building works to the extent that they are ancillary to development consisting of— the disposal of waste or spoil, or the excavation of bulk materials from borrow pits, (and see paragraph 7 as to such development). If the relevant planning authority is a qualifying authority, development to which this paragraph applies must be carried out in accordance with plans and specifications for the time being approved by that authority. This paragraph applies to development to the extent that it consists of the construction of any of the following— a road vehicle park; earthworks; sight, noise or dust screens; transformers, telecommunications masts or pedestrian accesses to railway lines; fences or walls; lighting equipment. The relevant planning authority may, on approving a plan or specification for the purposes of this paragraph, specify any respect in which it requires there to be submitted for approval additional details of the operation or work which gives rise to the need for approval under sub-paragraph (1). Where the relevant planning authority exercises the power conferred under sub-paragraph (4), the plans and specifications in accordance with which the development is required under sub-paragraph (1) to be carried out must, as regards the specified respect, include a plan or specification showing the additional details. The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in relation to the work in question in the following table. That the design or external appearance of the works ought to, and could reasonably, be modified— to preserve a site of archaeological or historic interest or nature conservation value. That the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits. 2. Earthworks. 3. Sight, noise or dust screens. If the development does not form part of a scheduled work, that the development ought to, and could reasonably, be carried out elsewhere within the development's permitted limits. That the design or external appearance of the works ought to, and could reasonably, be modified to preserve the local environment or local amenity. That the development ought to, and could reasonably, be carried out on land elsewhere within the development's permitted limits. That the design of the equipment, with respect to the emission of light, ought to, and could reasonably, be modified to preserve the local environment or local amenity. The relevant planning authority may only impose conditions on approval for the purposes of this paragraph on a ground specified in the table in sub-paragraph (6) in relation to the work in question. Any reference in sub-paragraph (2) or (6) to a description of works does not include works of that description of a temporary nature. “"construction”” includes erection, alteration, extension and (in the case of lighting equipment) installation; “"earthworks”” means terracing, cuttings, embankments or other earth works; “"road vehicle park”” does not include anything which is a building; “"sight, noise or dust screens”” means any fences, walls or other barriers (including bunds) for visual or noise screening or dust suppression. The requirements in this paragraph do not apply where development to which this paragraph applies is ancillary to development consisting of— If the relevant planning authority is a qualifying authority, development must be carried out in accordance with arrangements about ancillary matters which have been approved by that authority. In this paragraph “"ancillary matters”” means— handling of re-useable spoil or topsoil; storage sites for construction materials, spoil or topsoil; construction camps; works screening; artificial lighting; dust suppression; road mud control measures. In this paragraph, “"relevant planning authority”” means, subject to sub-paragraph (4) and paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the development is carried out. Where the development is in a non-unitary area and consists of waste or soil disposal or the excavation of bulk material from borrow pits, the relevant planning authority in respect of arrangements relating to ancillary matters is the county council. The reference in sub-paragraph (1) to arrangements does not, in the case of artificial lighting, include detailed arrangements. The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph— on the ground that the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with other development which has deemed planning permission under section 20(1) and which is to be carried out in the authority's area, or on a ground specified in relation to the matter in the following table. 2. Storage sites for construction materials, spoil or topsoil. 3. Construction camps. 4. Works screening. That the arrangements ought to be modified— to preserve the local environment, local amenity or a site of archaeological or historic interest or nature conservation value, or to prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, 5. Artificial lighting. 6. Dust suppression. to preserve the local environment or local amenity, or The relevant planning authority may only impose conditions on approval for the purposes of this paragraph— with the agreement of the nominated undertaker, and on a ground specified in the table in sub-paragraph (6)(b) in relation to the matter in question. “"artificial lighting”” means the use of artificial lighting on land within the Act limits for the purpose of carrying out the development; “"construction camps”” means sites on land within the Act limits which are to be used for the residential accommodation of persons engaged in carrying out the development; “"construction materials”” means minerals, aggregates or other construction materials required for the development; “"dust suppression”” means the suppression of dust caused by construction operations carried out on land within the Act limits for the purpose of carrying out the development; “"handling of re-useable spoil and topsoil”” means handling during removal, storage and re-use of any spoil or topsoil removed during the course of carrying out the development; “"road mud control measures”” means measures to be taken on land within the Act limits to prevent or reduce the carrying of mud on to any public highway as a result of carrying out the development; “"storage sites”” means sites on land within the Act limits at which materials are to be stored until used or re-used in carrying out the development or disposed of as waste; “"works screening”” means the provision where necessary on land within the Act limits of any screening for working sites on such land required for the purpose of carrying out the development. The Secretary of State may for the purposes of paragraph 4 make a class approval of arrangements relating to the ancillary matters referred to in paragraph 4(2)(a), (b) and (d) to (g) above. A class approval may be made— generally or in relation to specific areas or specific descriptions of works, and subject to conditions. A class approval may make different provision for different cases. Before making a class approval the Secretary of State must consult the planning authorities who would be affected by it. Where arrangements made by the nominated undertaker are approved under a class approval, they do not require the approval of the relevant planning authority under paragraph 4. But the nominated undertaker may in the case of any particular arrangements request approval under paragraph 4. If the relevant planning authority to which such a request is made considers that the circumstances of the case justify it, the authority may grant approval under paragraph 4 (and, accordingly, the arrangements are subject to that approval instead of the class approval). A class approval may be varied or revoked. If the relevant planning authority is a qualifying authority, development must, with respect to the matters to which this paragraph applies, be carried out in accordance with arrangements approved by that authority. The matters to which this paragraph applies are the routes by which anything is to be transported on a highway by a large goods vehicle to— a working or storage site, a site where it will be re-used, or a waste disposal site. In this paragraph “"relevant planning authority”” means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the county council in whose area the development is carried out. Sub-paragraph (1) does not require arrangements to be approved in relation to— transportation on a special road or trunk road, or transportation to a site where the number of large goods vehicle movements (whether to or from the site) does not on any day exceed 24. The relevant planning authority may only refuse to approve arrangements for the purposes of this paragraph on the ground that— the arrangements relate to development which, for the purposes of regulating the matter in question, ought to and can reasonably be considered in conjunction with development which has deemed planning permission under section 20(1) and which is to be carried out in the authority's area, or the arrangements ought to be modified— on the ground referred to in sub-paragraph (5)(b). “"large goods vehicle”” has the same meaning as in Part 4 of the Road Traffic Act 1988; “"special road”” and “"trunk road”” have the same meanings as in the Highways Act 1980. This paragraph applies to development to the extent that it consists of— waste and soil disposal, or the excavation of bulk materials from borrow pits. The relevant planning authority may only refuse to approve plans or specifications for the purposes of this paragraph on a ground specified in sub-paragraph (7) or (8). The grounds in this sub-paragraph are that— the design or external appearance of disposal sites (in the case of the disposal of waste and soil) or borrow pits (in the case of excavation of bulk material from such pits) on land within the Act limits, the methods by which such sites or pits are worked, or the noise, dust, vibration or screening arrangements during the operation of such sites or pits, ought to, and could reasonably, be modified. The grounds in this sub-paragraph are that in order to— preserve the local environment or local amenity, prevent or reduce prejudicial effects on road safety or on the free flow of traffic in the local area, or preserve a site of archaeological or historic interest or nature conservation value, The grounds in sub-paragraph (8) do not apply where the development is— consists of the use of land specified in columns (1) and (2) of Schedule 5 for a purpose specified in relation to the land in column (3) of that Part. with the approval of the nominated undertaker, and on a ground referred to in sub-paragraph (7) or (8) (taken with sub-paragraph (9)). If the relevant planning authority is a qualifying authority, development to which paragraph 7 applies may not be begun unless the authority has approved a scheme for the restoration of the land on which the development is to be carried out. In this paragraph “"relevant planning authority”” has the same meaning as in paragraph 7. The relevant planning authority may only refuse to approve, or impose conditions on the approval of, a scheme for the purposes of this paragraph on the ground that the scheme ought to be modified, and is reasonably capable of being modified. The nominated undertaker must carry out a scheme approved for the purposes of this paragraph once it has completed its use of the land to which the scheme relates for the purpose of carrying out the development to which paragraph 7 applies. In sub-paragraph (1), the reference to restoration includes a reference to restoration in the longer term; and, accordingly, a scheme for the restoration of land may include provision about aftercare. If the relevant planning authority is a qualifying authority, no work to which this paragraph applies may be brought into use without the approval of that authority. This paragraph applies to— any scheduled work, except to the extent that the work is underground, and any depot constructed, in exercise of the powers conferred under this Act, for use for or in connection with the maintenance of railway vehicles or track, whether or not constructed for use also for other purposes. In this paragraph “"relevant planning authority”” means, subject to paragraph 27, the unitary authority or, in a non-unitary area, the district council in whose area the work is carried out. The relevant planning authority must grant approval for the purposes of this paragraph if— it considers that there are no reasonably practicable measures which need to be taken for the purpose of mitigating the effect of the work or its operation on the local environment or local amenity, or it has approved, at the request of the nominated undertaker, a scheme consisting of provision with respect to the taking of measures for that purpose. The relevant planning authority may not refuse to approve, or impose conditions on the approval of, a scheme submitted for the purposes of sub-paragraph (4)(b) unless it is satisfied that it is expedient to do so on the ground that the scheme ought to be modified— to preserve a site of archaeological or historic interest, or in the interests of nature conservation, and that the scheme is reasonably capable of being so modified. In this paragraph “"railway vehicle”” and “"track”” have the same meanings as in Part 1 of the Railways Act 1993. Where the relevant planning authority approves a scheme for the purposes of paragraph 9(4)(b), the nominated undertaker must— carry out the scheme, and comply with any condition subject to which the scheme is approved. Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, the operations must be discontinued as soon as reasonably practicable after the completion of the scheduled work or works. The nominated undertaker must, after discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the relevant planning authority. For the purposes of sub-paragraph (1) the nominated undertaker must, within four months of the discontinuation of the use, submit a proposed scheme to the relevant planning authority. the nominated undertaker fails to submit a proposed scheme in accordance with sub-paragraph (3), or the nominated undertaker submits a proposed scheme in accordance with sub-paragraph (3) but no scheme is agreed for the purposes of sub-paragraph (1) before the end of the relevant period, the scheme for the purposes of sub-paragraph (1) is to be such as the appropriate Ministers may determine after consulting the nominated undertaker and the relevant planning authority. In sub-paragraph (4)(b) “"the relevant period”” means— eight weeks beginning with the date on which the proposed scheme is submitted, or such longer period as the nominated undertaker and the relevant planning authority may agree. A scheme agreed or determined for the purposes of sub-paragraph (1) may reserve particulars for subsequent agreement between the nominated undertaker and the relevant planning authority. Where a particular reserved under sub-paragraph (6) is not agreed— by the time specified by or determined in accordance with the scheme, or by such later time as the nominated undertaker and the relevant planning authority may agree, that particular is to be determined by the appropriate Ministers after consulting the nominated undertaker and the authority. Where, independently of any consultation under sub-paragraph (4) or (7), the appropriate Ministers ask the relevant planning authority for assistance in connection with their function under the sub-paragraph in question, they may require the nominated undertaker to reimburse to the relevant planning authority any expenses which the authority reasonably incurs in meeting the request. Sub-paragraph (1) does not apply to a site— to the extent that the site consists of land to which a scheme under paragraph 8 (waste or spoil etc) applies, or in relation to which the nominated undertaker is subject to an obligation under paragraph 5(1) of Schedule 16 (obligation to put land into such condition as an agreed scheme provides, before giving up possession of the land). As soon after the day on which this Act is passed as the Secretary of State considers reasonably practicable, the Secretary of State must by order specify every planning authority which— had, on or before the day on which the Bill for this Act was reported from Select Committee in the House of Lords, given the Secretary of State undertakings with respect to the handling of planning matters arising under this Schedule which he or she considered satisfactory, and has not subsequently been released from its undertakings. Subject to the following provisions of this paragraph, an authority which is specified under sub-paragraph (1) is a qualifying authority for the purposes of this Schedule. The Secretary of State may, if he or she considers it expedient to do so, by order provide that an authority is to cease to be a qualifying authority for the purposes of this Schedule. If, in relation to a planning authority which is not a qualifying authority for the purposes of this Schedule, the Secretary of State considers that the way in which the authority carries out its functions has been significantly affected by a change of circumstances occurring since the relevant day, the Secretary of State may by order provide that the authority is to be a qualifying authority for the purposes of this Schedule. In sub-paragraph (4), the reference to the relevant day is— in relation to an authority which has never been a qualifying authority for the purposes of this Schedule, to the day mentioned in sub-paragraph (1)(a), and in relation to an authority which has been a qualifying authority for the purposes of this Schedule, to the day on which it ceased, or last ceased, to be such an authority. Before making an order under sub-paragraph (3) or (4), the Secretary of State must consult— the nominated undertaker, and unless the authority concerned has requested the making of the order, that authority. An order under paragraph 13 may contain such transitional provision and savings as the Secretary of State thinks fit. Without prejudice to the generality of sub-paragraph (1), provision under that sub-paragraph may include provision with respect to the effect of the authority becoming or ceasing to be a qualifying authority in relation to an approval which has already been requested or given. The Secretary of State may by agreement fetter the exercise of his or her discretion under sub-paragraph (1). A planning authority may only grant approval under Part 1 of this Schedule at the request of the nominated undertaker. A planning authority need not consider a request for approval under Part 1 of this Schedule unless— the nominated undertaker has deposited with the authority a document setting out its proposed programme with respect to the making of requests under that Part to the authority, and the request is accompanied by a document explaining how the matters to which the request relates fit into the overall scheme of the works authorised by this Act. Sub-paragraph (1) does not apply to a request for approval of additional details. The appropriate Ministers may by regulations make provision about fees for requests to a planning authority for approval under Part 1 of this Schedule. Regulations under this paragraph may, in particular, make provision— for the payment of a fee and for the amount of a fee; about when a fee must be paid; for circumstances in which a fee is to be treated as paid; for the remission or refunding of a fee in whole or part;

about the consequences of non-payment of a fee, including provision for the termination of the application concerned or any appeal against its refusal; for the resolution of disputes. Regulations under this paragraph may make such supplementary, incidental or consequential provision as the appropriate Ministers think fit. Nothing in regulations under section 303 of the Town and Country Planning Act 1990 (fees for planning applications) applies to a request for approval under Part 1 of this Schedule. This paragraph applies where a planning authority considers that a request for approval under Part 1 of this Schedule relates to matters which may affect any of the following— nature conservation, the conservation of the natural beauty or amenity of the countryside, the conservation of the natural beauty or amenity of inland or coastal waters or land associated with them, the conservation of flora or fauna which are dependent on an aquatic environment, the use of inland or coastal waters, or land associated with them, for recreational purposes, or a site of archaeological or historic interest. The planning authority must, within five days of receiving the request, invite the appropriate body or bodies to make representations. The appropriate body is— for the matters in sub-paragraph (1)(a) and (b), Natural England, for the matters in sub-paragraph (1)(c) to (e), the Environment Agency, for the matter in sub-paragraph (1)(f), the Historic Buildings and Monuments Commission for England. Where under sub-paragraph (2) a planning authority has invited a body to make representations about a request for approval under Part 1 of this Schedule, it must not make any decision about the request until— it has received representations from the body about the request, it has been informed by the body that it does not wish to make any representations, or 21 days have elapsed since the date of the invitation. An invitation under sub-paragraph (2) must specify the time limit for making representations. The appropriate Ministers may by directions restrict a planning authority's powers in relation to the giving of approval under Part 1 of this Schedule. Directions under this paragraph may— be given in relation to a specified approval or approvals of a specified description, be expressed to have effect without a time-limit or during a specified period, and revoke or vary previous directions under this paragraph. The appropriate Ministers may by directions require a planning authority to refer any request for approval under Part 1 to them. In determining a request referred to them under this paragraph, the appropriate Ministers have the same powers as the authority making the reference. The determination by the appropriate Ministers of a request referred to them under this paragraph is final. be given in relation to a specified request or requests of a specified description, and A planning authority may at the request of the nominated undertaker make a non-material change to any approval given under Part 1 of this Schedule. In deciding whether a change is material, a planning authority must have regard to the effect of the change, together with any previous changes made under this paragraph, on the approval as originally given. The power under sub-paragraph (1) includes power to impose new conditions or to alter or remove existing conditions. The approval as changed must represent an approval the authority could have given originally. The consultation requirements in this Part of this Schedule do not apply to a change under this paragraph. Where the nominated undertaker is aggrieved by a decision of a planning authority on a request for approval under Part 1 (including a decision to require additional details), it may appeal to the appropriate Ministers by giving notice of the appeal in the prescribed form to them and to the authority whose decision is appealed against within 42 days of notification of the decision. On an appeal under this paragraph, the appropriate Ministers may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against, but may only make a determination involving— the refusal of approval, or the imposition of conditions on approval, on a ground open to that authority. Where, following receipt by a planning authority of a request by the nominated undertaker for approval under Part 1, the authority does not notify the undertaker within the appropriate period— of its decision on the request, or that the request has been referred to the appropriate Ministers in accordance with directions under paragraph 20, this paragraph applies as if the authority had refused the request and notified the undertaker of its decision on the last day of the appropriate period. For the purposes of sub-paragraph (3), the appropriate period is the period of 8 weeks beginning with the date on which the request was received by the planning authority or such extended period as may be agreed upon in writing between the authority and the nominated undertaker. The appropriate Ministers may by regulations make provision for the extension of the appropriate period for the purposes of sub-paragraph (3) in connection with the payment of fees by means of cheque. An agreement under sub-paragraph (4) may be made after, as well as before, the end of the appropriate period. No agreement may be made under sub-paragraph (4) to extend a period after it has ended if the nominated undertaker has given notice of appeal against the refusal which is deemed under sub-paragraph (3) to have occurred because of the ending of the period. Where an agreement under sub-paragraph (4) to extend a period is made after the period has ended, sub-paragraph (3) is to be treated as not having applied when the period ended. In this paragraph, “"prescribed”” means prescribed by regulations made by the appropriate Ministers. No appeal under section 78 of the Town and Country Planning Act 1990 (right to appeal against planning decisions and failure to take such decisions) may be made against a decision, or failure to notify a decision, in relation to which a right of appeal arises under this paragraph. Unless the appropriate Ministers direct otherwise, their functions in relation to the determination of an appeal under paragraph 22 must, instead of being carried out by them, be carried out by a person appointed by them for the purpose. The appropriate Ministers may by a further direction revoke a direction under sub-paragraph (1) at any time before the determination of the appeal. A direction under sub-paragraph (1) or (2) must be served on the nominated undertaker and the planning authority whose decision is appealed against. At any time before the determination of an appeal by a person appointed for the purpose under this paragraph, the appropriate Ministers may revoke the appointment and appoint another person to determine the appeal instead. Where the function of determining an appeal under paragraph 22 is transferred from one person to another, the person to whom the function is transferred must consider the matter afresh, but the fact that the function is transferred does not entitle any person to make fresh representations or to modify or withdraw any representations already made. If the appropriate Ministers determine an appeal which another person was previously appointed to determine, they may, in determining it, take into account any report made to them by that person. The decision of the person appointed under paragraph 23, or, as the case may be, of the appropriate Ministers, on an appeal under paragraph 22 is final. An appeal under paragraph 22 is to be dealt with on the basis of written representations, unless the person deciding the appeal directs otherwise. Subject to that, the appropriate Ministers may by regulations make such provision as they think fit about procedure in relation to appeals under paragraph 22. Regulations under this paragraph may, in particular— make provision for a time limit within which any person entitled to make representations must submit them in writing and any supporting documents, empower the person deciding an appeal to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and empower the person deciding an appeal, after giving written notice of intention to do so to the nominated undertaker and the planning authority whose decision is appealed against, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to the person that there is sufficient material before the person to enable a decision on the merits of the case. Regulations under this paragraph may, in relation to such a time limit as is mentioned in sub-paragraph (3)(a)— prescribe the time limit in regulations, or enable the appropriate Ministers to give directions setting the time limit in a particular case or class of case. The Secretary of State may give guidance to planning authorities in relation to the exercise of their functions under this Schedule. A planning authority must have regard to the guidance. The guidance may make different provision for different cases. The guidance may be varied or revoked. the relevant planning authority for the purposes of Part 1 of this Schedule would, but for this paragraph, be a London borough council, and as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for the area where the development or work is carried out. The Mayoral development corporation is the relevant planning authority for the purposes of Part 1 of this Schedule, instead of the London borough council (and references to a ““planning authority”” in Parts 2 and 3 of this Schedule are to be read accordingly). The Secretary of State may make regulations modifying the operation of this Schedule— Regulations under this Schedule may make different provision for different cases. Regulations and orders under this Schedule must be made by statutory instrument. A statutory instrument containing regulations under this Schedule, or an order under paragraph 13(3) or (4), is subject to annulment in pursuance of a resolution of either House of Parliament. “"building”” includes any structure other than— anything in the nature of plant or machinery, any gate, fence, wall or other means of enclosure, any tunnel, earthworks (within the meaning of paragraph 3) or railway track bed, any sight, noise or dust screens (within the meaning of paragraph 3), transformers, telecommunication masts or pedestrian accesses to railway lines, lighting equipment, and anything underground, except where forming part of a station and intended for use by members of the public without a ticket or other permission to travel; “"permitted limits””, in relation to any development, means the limits of the land on which the works of which the development forms part may be carried out under this Act; “"planning authority”” means— a county council; a district council; and subject to paragraph 27, a London borough council. a listed building which— was such a building immediately before 30 September 2013, and is specified in table 1 (see the end of this Schedule), and a listed building which was not such a building immediately before that date. If a listed building is one to which this paragraph applies— section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to works carried out in relation to the building in exercise of the powers under this Act, to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act, the notice does not have effect or, as the case may be, ceases to have effect, no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act, and no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers under this Act. In the case of a building specified in table 1 in relation to which any description of works is specified in column (3) of the table, sub-paragraph (2)(a) has effect as if the reference to works carried out in exercise of the powers under this Act were, as regards demolition or alteration works (as opposed to extension works), to works so carried out which are of the specified description. The reference in sub-paragraph (3) to alteration works does not include alteration works carried out for heritage or monitoring purposes (see paragraph 9(2)). This paragraph applies to a listed building which— is specified in table 2 (see the end of this Schedule). In the case of a listed building to which this paragraph applies— section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to alteration or extension works which are carried out, in exercise of the powers under this Act, for heritage or monitoring purposes (see paragraph 9(2)), Section 59 of the Listed Buildings and Conservation Areas Act (acts causing or likely to result in damage to listed buildings) does not apply to anything done in exercise of the powers under this Act with respect to works. The Secretary of State may by order make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act. The provision referred to in sub-paragraph (1) is— provision that paragraphs 1(2)(a) and 2(2)(a) do not apply in relation to relevant works; provision that paragraphs 1(2)(b) to (d) and 2(2)(b) to 2(2)(d) do not apply in relation to proposed relevant works; provision that paragraph 3 does not apply in relation to relevant works. “"Relevant works”” means works which are— carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and begun on or after such day as may be specified in an order under that sub-paragraph. An order under sub-paragraph (1) may make different provision for different purposes. An order under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made. The provisions of any agreement under section 26A of the Listed Buildings and Conservation Areas Act (heritage partnership agreements) in relation to a building have effect subject to the powers under this Act with respect to works. Any person duly authorised in writing by the Historic Buildings and Monuments Commission for England (“"the Commission””) or the relevant planning authority may at any reasonable time enter land for the purpose of inspecting or observing the carrying out in relation to any building on the land of decontrolled works. “"Relevant planning authority”” means the unitary authority or, in a non-unitary area, the district council in whose area the building is situated. The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it. A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions. The nominated undertaker must not carry out decontrolled works consisting of the demolition of a listed building unless— notice of the proposal to carry out the works has been given to the Commission, and the appropriate period since the giving of the notice has expired. The appropriate period, subject to sub-paragraph (3), is— 8 weeks, or such longer period as may have been agreed between the nominated undertaker and the Commission. In case of emergency, the appropriate period is such period as is reasonable in the circumstances. In determining whether the appropriate period has expired, any day on which entry to the building is refused under paragraph 8(2) is to be disregarded. Following the giving of a notice under paragraph 7(1) in relation to a listed building, any person duly authorised in writing by the Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it. For the purposes of sub-paragraph (1), the inspection period, in relation to a building which is the subject of a notice under paragraph 7(1), is the period— beginning when notice under that provision is given, and ending when the prohibition under that provision ceases to apply to the building. “"building”” and “"listed building”” have the same meanings as in the Listed Buildings and Conservation Areas Act; “"decontrolled works”” means works to which section 7 of the Listed Buildings and Conservation Areas Act would apply, but for paragraph 1(2)(a) or 2(2)(a) of this Schedule; “"the Listed Buildings and Conservation Areas Act”” means the Planning (Listed Buildings and Conservation Areas) Act 1990. For the purposes of this Schedule, works relating to a building are carried out for heritage or monitoring purposes if the works are carried out for the purpose of— maintaining or restoring the building's character as a building of special architectural or historical interest, or affixing apparatus to any part of the building with a view to measuring any movement in the building or the ground on which it is erected in consequence of the carrying out of works in exercise of the powers under this Act. Anything which, by virtue of section 1(5) of the Listed Buildings and Conservation Areas Act (objects or structures fixed to, or within curtilage of, a building), is treated as part of a building for the purposes of that Act is to be treated as part of the building for the purposes of this Schedule. This paragraph has effect in relation to the Ancient Monuments and Archaeological Areas Act 1979. Section 2 (control of works affecting scheduled monuments) does not apply to works authorised by this Act. The powers of entry under the following provisions are not exercisable in relation to land used for or in connection with the carrying out of any of the works authorised by this Act— section 6(1) (entry to ascertain condition of scheduled monument); section 6A(1) (entry to enforce control of works affecting scheduled monument); section 26 (entry to record matters of archaeological or historical interest). The provisions of the Act with respect to the functions of a person as a guardian by virtue of the Act, and the provisions of any agreement under section 17 (agreement concerning ancient monuments and land in their vicinity), have effect subject to the powers under this Act with respect to works. Section 19 (public access to monuments under public control) does not apply in relation to a monument which is closed by the nominated undertaker for the purposes of, or in connection with or in consequence of the carrying out of any of the works authorised by this Act. Regulations under section 19(3) or (4A) (which may include provision prohibiting or regulating acts which would tend to injure or disfigure a monument or its amenities or to disturb the public in their enjoyment of it) do not apply to anything done in exercise of the powers under this Act with respect to works. The power under section 19(6) (power to refuse admission to monuments under public control) is not exercisable so as to prevent or restrict the exercise of the powers under this Act with respect to works. In section 25 (treatment of ancient monuments)— subsection (2) (superintendence by Commission) does not authorise the superintendence of the carrying out of any of the works authorised by this Act, and subsection (3) (power of Commission to charge for advice under subsection (1)) does not apply in relation to advice given in connection with the carrying out of any of those works. Section 28 (offence of damaging certain ancient monuments) does not apply to anything done in exercise of the powers under this Act with respect to works. Section 35 (notice required of operations in areas of archaeological importance) does not apply to operations carried out in exercise of the powers under this Act with respect to works. Section 39(1) (power to investigate in advance of operations notice any site which may be acquired compulsorily) has effect as if operations carried out in exercise of the powers under this Act with respect to works were exempt operations for the purposes of that provision. Section 42(1) (prohibition on use of metal detectors in protected places without consent) does not apply to the use of a metal detector for the purposes of or in connection with the exercise of the powers under this Act with respect to works. Section 42(3) (prohibition on removal without consent of object discovered by use of a metal detector in a protected place) does not apply to the removal of objects discovered by the use of a metal detector for the purposes of or in connection with the exercise of the powers under this Act with respect to works. The power of entry under section 36(1) of the National Heritage Act 1983 (entry to obtain information about ancient monuments and historic buildings for the purposes of the records kept by the Commission) is only exercisable in relation to land used, or intended for use, for or in connection with the carrying out of any of the works authorised by this Act with the consent of the nominated undertaker, such consent not to be unreasonably withheld. Consent for the purposes of sub-paragraph (1) may be granted subject to compliance with any reasonable requirements or conditions imposed for reasons of safety or for the purpose of preventing interference with or delay to the works. Section 36(6) of the National Heritage Act 1983 (which, in relation to land on which works are being carried out, regulates the exercise of the power under section 36(1) to enter land to obtain information) does not apply in relation to land on which works authorised by this Act are being carried out. Any dispute under this paragraph must be referred to arbitration if the parties so agree, but must otherwise be determined by the Secretary of State for Transport and the Secretary of State for Culture, Media and Sport acting jointly. provision that paragraph 1(2) does not apply in relation to relevant works; provision that paragraph 1(3) does not apply in relation to land used for or in connection with the carrying out of relevant works; provision that paragraph 1(8)(a) and (b) do not apply in relation to relevant works; provision that paragraph 1(10) and (11) do not apply in relation to operations carried out in exercise of the powers under this Act which are, or are carried out in connection with, relevant works; provision that paragraph 1(12) does not apply in relation to use of a metal detector for the purposes of or in connection with relevant works; provision that paragraph 1(13) does not apply in relation to removal of objects discovered by any such use; provision that paragraph 2(1) does not apply in relation to land used, or intended for use, for or in connection with the carrying out of relevant works; provision that paragraph 2(3) does not apply in relation to land on which relevant works are being carried out. In this paragraph, “"relevant works”” means works which are— Any person duly authorised in writing by the Commission may at any reasonable time enter land on which (or in or under which) a scheduled monument is situated— for the purpose of observing or advising upon the exercise in relation to the land of any of the powers under paragraph 1 of Schedule 2 to this Act, or for the purpose of inspecting, observing or advising upon the carrying out of any works on the land in exercise of any of the other powers under this Act. In this paragraph, “"scheduled monument”” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979. In this Schedule, references to ““the Commission”” are to the Historic Buildings and Monuments Commission for England. Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker must— publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and at the same time leave displayed in a conspicuous place on or near the land, a notice complying with sub-paragraph (2). A notice under sub-paragraph (1) must— identify the land to which it relates, set out in general terms the effect of paragraphs 2 to 7 (so far as relevant to remains to which sub-paragraph (1) applies), state where, and in what form, an application under paragraph 2(1) may be made, and state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument. No notice is required under sub-paragraph (1) before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that the Secretary of State is satisfied— that the remains were buried more than 100 years ago, and that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule. No notice is required under sub-paragraph (1) before the removal of any remains or any monument to the deceased if— on the passing of this Act a licence under section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) is in force in relation to the remains, and the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker. In sub-paragraph (4)(b), “"group”” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning given by section 1159 of the Companies Act 2006. In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker must issue a licence for the removal of the remains if— it receives an application in writing from a relative or personal representative of the deceased, and the application is received before the end of the period of 56 days after the day on which notice relating to the remains is first published under paragraph 1(1)(a). In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker must issue a licence for the removal of the remains if— the application is received before the nominated undertaker has removed the remains under paragraph 4(1). A licensee under this paragraph may remove the remains to which the licence relates and bury them elsewhere or cremate them. The nominated undertaker must pay the reasonable costs of removal and reburial or cremation under this paragraph. In the case of remains in relation to which paragraph 1(1) applies, the nominated undertaker may remove the remains after the expiry of the period of 56 days referred to in paragraph 2(1)— if no application under paragraph 2(1) has been received, or in a case where one or more applications under paragraph 2(1) have been received, if in the case of each application— a licence has been issued, and at least 28 days have passed since the issue of the licence without the remains having been removed. The nominated undertaker must within two months of the removal of remains under sub-paragraph (1)— bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or cremate them in a crematorium. an application is made to the nominated undertaker under paragraph 2(1), the application is refused on the ground that the nominated undertaker is not satisfied that the applicant is a relative or personal representative of the deceased, within the period of 28 days beginning with the date of the notice of refusal the applicant has applied to the county court for a declaration that he or she is a relative or personal representative of the deceased (see paragraph 11(2)(b)), and that period of 28 days has elapsed without the court having determined the application made to it, the nominated undertaker may remove the remains and any monument to the deceased. The nominated undertaker must, pending the court's determination, deal with any remains or monument removed under sub-paragraph (3) in such manner as the Secretary of State may direct. In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker may remove the remains— if no application under paragraph 2(2) has been received, or in a case where one or more applications under paragraph 2(2) have been received, if in the case of each application— The nominated undertaker must after the removal of remains under sub-paragraph (1)— within 12 months or such longer period as the Secretary of State may direct in relation to the case— cremate them in a crematorium, or deal with them in such other manner, and subject to such conditions, as the Secretary of State may direct. an application is made to the nominated undertaker under paragraph 2(2), In the case of remains in relation to which paragraph 1(4) applies, the nominated undertaker may remove the remains and, if it does so, is to be treated for the purposes of this Act as acting under this paragraph and not under the licence under the Burial Act 1857. But if the Secretary of State is satisfied that the remains were buried more than 100 years ago, the remains are to be dealt with in accordance with paragraph 4(2) instead of sub-paragraph (2). Where a licence to remove any remains is issued under paragraph 2(1) or (2), the licensee may remove from the land any monument to the deceased and re-erect it elsewhere or otherwise dispose of it. The nominated undertaker must pay the reasonable costs of removal and re-erection under sub-paragraph (1). Where any remains are removed under a licence under paragraph 2(1) or (2), the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee within 28 days of the issue of the licence. Where the nominated undertaker removes any remains under paragraph 3, 4 or 5, it may also remove from the land any monument to the deceased. Where any remains are removed (by a person other than the nominated undertaker) under a licence under section 25 of the Burial Act 1857, the nominated undertaker may remove from the land any monument to the deceased which is not removed by the licensee. The nominated undertaker may remove any monument removed under this paragraph to the place, if any, where the remains of the deceased are buried or to some other appropriate place. The nominated undertaker must break and deface any monument removed under this paragraph which is not dealt with under sub-paragraph (4). Where any remains in relation to which paragraph 1(1) applies are removed under this Schedule, or remains in relation to which paragraph 1(4) applies are removed under paragraph 5(2), the nominated undertaker must, within two months of the removal, provide the Registrar General with a certificate which— identifies the remains, so far as practicable, states the date on which, and the place from which, the remains were removed, and states the date and place of reburial or cremation. Where any remains in relation to which paragraph 1(3) applies are removed under this Schedule, or remains in relation to which paragraph 1(4) applies are removed under paragraph 5(3), the nominated undertaker must, within 12 months of the removal or such longer period as the Secretary of State may direct in relation to the case, provide the Registrar General with a certificate which— states the date on which, and the place from which, the remains were removed, if at the time the certificate is provided the remains have been reburied or cremated, states the date and place of reburial or cremation, and if at that time the remains have not been reburied or cremated, states where and by whom they are kept. Where any monument is removed under this Schedule, the nominated undertaker must, within two months of the removal— deposit with the local authority in whose area the monument was situated prior to the removal a record which— identifies the monument, gives any inscription on it, states the date on which, and the place from which, it was removed, and states the place, if any, to which it was moved or how it was disposed of, and provide the Registrar General with a copy of the record deposited under paragraph (a). The nominated undertaker may require any person who removes remains or a monument under this Schedule to provide it with any information about the remains or monument removed which it needs in order to comply with sub-paragraph (1), (2) or (3). In sub-paragraph (3)(a), “"local authority”” means the unitary authority or, in a non-unitary area, the district council. Where the nominated undertaker removes remains in relation to the removal of which a licence has been granted under paragraph 2(1) or (2), it must carry out in accordance with the reasonable requests of the licensee— its functions under paragraph 3 or 4 with respect to disposal of the remains, and if it removes any monument to the deceased, the functions under paragraph 7 with respect to disposal of the monument. In a case where more than one licence is granted under paragraph 2(1) or (2) and the licensees make different reasonable requests for the purposes of sub-paragraph (1), the nominated undertaker must carry out the functions referred to in that sub-paragraph in accordance with directions given by the Secretary of State. Directions under sub-paragraph (2) may include directions that— a licensee may apply to the county court to determine how remains or a monument are to be disposed of, and how the remains or monument are to be dealt with pending the court's determination. The Secretary of State may give such directions as the Secretary of State thinks fit with respect to the carrying out of any function under this Schedule. In this Schedule, references to a relative of the deceased are to a person who— is a husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased, or is, or is a child of, a brother, sister, uncle or aunt of the deceased. For the purposes of this Schedule, a person is to be taken to be a relative or personal representative of the deceased if— the nominated undertaker is satisfied that the person is a relative or personal representative of the deceased, or the county court, on the application of the person, has declared that the person is a relative or personal representative of the deceased. The restriction imposed by section 24(1) of WRA 1991 (restriction on the abstraction of water) does not apply in relation to the abstraction of water for the purposes of or in connection with the construction of the works authorised by this Act. Section 25 of WRA 1991 (restrictions on impounding) does not apply to anything done in exercise of the powers conferred by this Act with respect to works. Section 48A(1) of WRA 1991 (duty not to cause loss or damage to another by the abstraction of water) does not apply in relation to the abstraction of water in connection with the exercise of the powers conferred by this Act. the nominated undertaker causes loss or damage to another person by the abstraction of water in connection with the exercise of the powers conferred by this Act, and the circumstances are such that causing the loss or damage would have constituted breach of the duty under section 48A(1) of WRA 1991, but for sub-paragraph (1), the nominated undertaker must compensate the other person for the loss or damage. Compensation under sub-paragraph (2) is to be assessed on the same basis as damages for breach of the duty under section 48A(1) of WRA 1991. Section 48A(5) of WRA 1991 (prohibition of claims in respect of loss or damage caused by abstraction of water which are not claims under that section) has no application to claims under— this paragraph, or Part 5 of Schedule 33. Regulation 12(1)(a) of the Environmental Permitting Regulations (environmental permit required for operating a regulated facility) does not apply to the carrying on of a relevant flood risk activity in exercise of the powers conferred by this Act with respect to works. “"Environmental Permitting Regulations”” means the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154); “"relevant flood risk activity”” means an activity within paragraph 3(1)(a), (b) or (c) of Schedule 25 to the Environmental Permitting Regulations (erection, alteration or repair of structures in, over or under a main river). Paragraph 5 of Schedule 1 to FWMA 2010 (consent required for alteration, removal or replacement of designated feature) does not apply to anything done in exercise of the powers conferred by this Act with respect to works. Paragraph 7 of Schedule 3 to FWMA 2010 (approval required for drainage system for construction work) does not apply in relation to anything done in exercise of the powers conferred by this Act with respect to works. Section 106(8) of the Water Industry Act 1991 (which qualifies the general right to communicate with the public sewers of a sewerage undertaker in Greater London) does not apply where the proposed communication involves a drain or sewer serving Phase One of High Speed 2. Part 4 of the Eels (England and Wales) Regulations 2009 (S.I. 2009/3344) (passage of eels) does not apply to anything done in exercise of the powers conferred by this Act with respect to works. “"abstraction”” has the same meaning as in WRA 1991; “"FWMA 2010”” means the Flood and Water Management Act 2010; “"WRA 1991”” means the Water Resources Act 1991. Part 1 of the 1984 Act with respect to building regulations, or any building regulations, applies to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Sub-paragraph (1) does not apply in relation to a building which is a house or hotel. Sub-paragraph (1) does not apply in relation to a building which is used as offices or showrooms unless it forms part of a railway station or other railway facility. The reference in sub-paragraph (3) to a “"railway facility”” includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway. The reference in sub-paragraph (1)(b) to building regulations does not include the provisions listed in regulation 34(1) of the Building Regulations 2010 (S.I. 2010/2214) (requirements relating to energy efficiency). In section 61 of the 1984 Act— subsection (2) (local authority officers to have access to drain repair works), and subsection (3) (offence for failure to comply with section 61), do not apply to the repair, reconstruction or alteration of an underground drain which is carried out for Phase One purposes. Where works described in section 62(1)(a), (b) or (c) of the 1984 Act (reconstruction and other drain works) are carried out for Phase One purposes, section 62 of the 1984 Act (which requires drains to be disconnected when they become disused or unnecessary in consequence of reconstruction and other works) has effect as if— in subsection (1), for ““as the local authority may reasonably require”” there were substituted “ as the person considers necessary ”, subsections (2) and (3) were omitted, for subsection (4) there were substituted— Before carrying out works described in subsection (1)(a), (b) or (c), the person carrying out the works must give at least 48 hours' notice to the local authority. subsection (5) were omitted. the nominated undertaker is given a notice under section 73(1) of the 1984 Act (notice requiring chimney of adjoining building to be raised and requiring owner or occupier of that building to allow access to it for that purpose), the taller building is a building held, or to be held, by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, and the owner or occupier of the adjoining building referred to in section 73(1)(b) of the 1984 Act serves a counter-notice on the nominated undertaker. The owner or occupier of the adjoining building may not enter upon relevant Phase One land, for the purposes of carrying out the work to which the counter-notice relates, without the consent of the Secretary of State or the nominated undertaker. “"Relevant Phase One land”” means land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under the Act. Where, by reason of the withholding of consent for the purposes of sub-paragraph (2), the owner or occupier of the adjoining building is unable to carry out the work to which the counter-notice relates, the counter-notice ceases to have effect. In this paragraph, references to ““the taller building”” and a ““counter-notice”” are to be construed in accordance with section 73 of the 1984 Act. Section 74(1) of the 1984 Act (which requires local authority consent for the construction of a cellar or room below subsoil water level in, or as part of, a house, shop, inn, hotel or office) does not apply to the construction of a cellar or room in connection with a shop, inn, hotel or office which forms part of a railway station or other railway facility which is being used, or which is intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. The reference in sub-paragraph (1) to a “"railway facility”” includes a maintenance depot, electrical supply facility or stabling facility used for the purposes of a railway. “"the 1984 Act”” means the Building Act 1984; “"building regulations”” has the same meaning as in the 1984 Act (see section 122 of that Act). In this Schedule, “"the 1996 Act”” means the Party Wall etc Act 1996. No notice under section 1(2) or (5) of the 1996 Act (notice before building on line of junction with adjoining land) is required before the building of any wall for Phase One purposes. Sections 1(6) and 2 of the 1996 Act (rights of adjoining owners) do not have effect to confer rights in relation to— anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or land on which there is any such thing. No party structure notice under section 3 of the 1996 Act is required before the exercise of any right conferred by section 2 of that Act (right to repair etc party wall) for the purposes of or in connection with— the construction of the works authorised by this Act, or the maintenance of any such work during the period beginning with the date on which the work is completed and ending 5 years after the date on which it is brought into general use. Section 6 of the 1996 Act (underpinning of adjoining buildings) does not apply in relation to a proposal to excavate, or excavate for and erect anything, for Phase One purposes. a building owner (within the meaning of the 1996 Act) serves a notice under section 6(5) of that Act, and the building or structure of the adjoining owner (within the meaning of that Act) referred to in that provision is a building or structure— erected for Phase One purposes, or situated on land held by the Secretary of State or the nominated undertaker for the purposes of the nominated undertaker's undertaking under this Act, section 6 of that Act has effect as if it were subject to the following modifications. Those modifications are— that subsection (3) is omitted, and the substitution for subsections (6) and (7) of— The notice referred to in subsection (5) (““the proposals notice””)— shall be accompanied by plans and sections showing— the site and depth of any excavation the building owner proposes to make; if he proposes to erect a building or structure, its site; and where the notice includes a proposal to underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner, shall— include a detailed description of those works; and specify the building owner's programme for carrying them out. The adjoining owner may serve a notice on the building owner consenting to the proposals notice. Where the proposals include the carrying out of works mentioned in subsection (6)(b), the consent notice served under subsection (6A) must state whether the adjoining owner— is to carry out those works himself, or requires the works to be carried out by the building owner. If an owner on whom a proposals notice has been served does not serve a consent notice within the period of 14 days beginning with the day on which the proposals notice was served, he shall be deemed to have dissented from the notice and a dispute shall be deemed to have arisen between the parties. Works to underpin or otherwise strengthen or safeguard the foundations of the building or structure of the adjoining owner (whether proposed in the proposals notice or otherwise) are to be carried out by the adjoining owner, unless the building owner is required to carry them out— by virtue of a requirement within subsection (6B)(b), or where a dispute is deemed to have arisen between the parties in relation to any matter, by a notice served by the adjoining owner on the building owner within the period of 14 days beginning with— the day on which the parties settle the dispute, or the day on which an award is made under section 10 in relation to the dispute. The works (whether carried out by the adjoining owner or the building owner) are to be carried out— at the building owner's expense, and in accordance with the description and programme agreed by the parties (whether by virtue of a consent notice or in connection with the settlement of any dispute) or determined in accordance with section 10 (in the case of a dispute in relation to which an award is made under that section). This paragraph applies where a dispute arises or is deemed to have arisen in respect of a matter connected with any work to which the 1996 Act relates and the work— is required for Phase One purposes, or relates to a building or structure situated on land held by the Secretary of State or the nominated undertaker for the purposes of the nominated undertaker's undertaking under this Act. In such a case, the 1996 Act has effect as if for section 10 (resolution of disputes) there were substituted— Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act applies, the dispute is to be settled by a single arbitrator, to be— agreed on by both parties, or in default of agreement, appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers. If the arbitrator— refuses to act; neglects to act for a period of ten days beginning with the day on which either party serves a request on the arbitrator; dies before the dispute is settled;

or becomes or deems himself or herself incapable of acting, subsection (1) applies again. The arbitrator must settle by award any matter— which is connected with any work to which this Act relates, and which is in dispute between the building owner and the adjoining owner. An award may determine— the right to execute any work; the time and manner of executing any work; and any other matter arising out of or incidental to the dispute including the costs of making the award. But, unless otherwise agreed between the building owner and the adjoining owner, any period appointed by the award for executing any work does not begin to run until after the end of the period prescribed by this Act for service of the notice in respect of which the dispute arises or is deemed to have arisen. The reasonable costs incurred in— making or obtaining an award under this section, reasonable inspections of work to which the award relates, and any other matter arising out of the dispute, are to be paid by such of the parties as the arbitrator determines. Where the arbitrator makes an award, the arbitrator must serve it forthwith on the parties. The award is conclusive and must not except as provided by this section be questioned in any court. Either of the parties to the dispute may appeal to the county court against the award within the period of 14 days beginning with the day on which the award is served on the party making the appeal. On such an appeal, the county court may— rescind the award or modify it in such manner as the court thinks fit; and make such order as to costs as the court thinks fit. Where the 1996 Act has effect as mentioned in sub-paragraph (2)— section 7(5) has effect as if the words ““(or surveyors acting on their behalf)”” were omitted, section 8(5) has effect as if the reference to a surveyor appointed or selected under section 10 were to an arbitrator agreed or appointed under section 10 (as modified by sub-paragraph (2)), section 8(6) has effect as if it provided for the arbitrator to give notice of its intention to enter land or premises, and section 12(3)(b) has effect as if the reference to the surveyor or surveyors were to the arbitrator. Where, by virtue of paragraph 6, work to which a notice under section 6(5) of the 1996 Act relates are carried out by an adjoining owner, sections 13 and 14 of that Act have effect subject to the following modifications. Section 13(1) has effect as if it enabled the adjoining owner, within the period of two months beginning with the day of the completion of the work, to serve on the building owner an account in writing showing particulars and expenses of the work. Section 13(2) has effect as if it enabled the building owner to serve on the adjoining owner a notice objecting to the account served under section 13(1) (as modified by sub-paragraph (2)). Section 14 has effect as if— for subsection (1) there were substituted— All expenses to be defrayed by a building owner in accordance with an account served under section 13 shall be paid by the building owner. subsection (2) were omitted. The following enactments (which control obstructions of the highway in connection with works relating to buildings) do not apply to anything erected, placed or retained in, upon or over a highway for the purposes of or in connection with the exercise of the powers conferred by this Act— section 15(1) of the Greater London Council (General Powers) Act 1970 (c. lxxvi), and section 169(1) of the Highways Act 1980. Section 141 of the Highways Act 1980 (restriction on planting trees or shrubs in or near carriageway) does not apply to any tree or shrub planted for the purposes of or in connection with the exercise of the powers conferred by this Act. Section 167 of the Highways Act 1980 (powers relating to retaining walls near streets) does not apply to any length of a retaining wall erected on land held by the Secretary of State or by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Nothing in section 8(2) to (5) of the Greater London Council (General Powers) Act 1986 (c. iv) (power of borough councils in relation to retaining walls supporting the carriageway or footway of certain highways) applies with respect to any retaining wall erected in exercise of the powers conferred by this Act. The provisions of this paragraph apply in relation to a highway for which the Secretary of State or a strategic highways company is the highway authority only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions). The powers conferred by section 56(1) and (1A) of the New Roads and Street Works Act 1991 (powers to give directions as to the timing of proposed and subsisting street works) do not apply in relation to works proposed to be, or being, carried out under the powers conferred by this Act. Section 56A of that Act (power to give directions as to placing of apparatus) does not apply in relation to the placing of apparatus in exercise of the powers conferred by this Act. No restriction under section 58(1) of that Act (power to impose restriction on execution of street works following completion of substantial road works) has effect in relation to works carried out under the powers conferred by this Act. Section 61(1) of that Act (under which the consent of the street authority is required for the placing of apparatus in a protected street) does not apply to the placing of apparatus in exercise of the powers conferred by this Act. Section 62(2) of that Act (power following designation of protected street to require removal or repositioning of apparatus already placed in the street) does not apply in relation to apparatus placed in exercise of the powers conferred by this Act. Section 62(4) of that Act (power, when designation as protected street commences or ceases, to give directions with respect to works in progress) does not apply in relation to works being carried out under the powers conferred by this Act. Section 63(1) of that Act (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) does not apply in relation to works to be executed under the powers conferred by this Act. The power conferred by section 73A(1) of that Act (power to require undertaker to re-surface street) may not be exercised in relation to an undertaker who is within subsection (2) of that section because of— having given a notice in respect of works proposed to be carried out under the powers conferred by this Act, or executing, or having executed, works under those powers. Nothing in section 74A of that Act (power to make regulations requiring payment of charges for street works), or in regulations made under it, applies in relation to the execution of works under the powers conferred by this Act. No contribution is payable under section 78A(1)(b) of that Act (contributions by other undertakers to costs incurred in executing works specified in a re-surfacing notice) because of the execution of works under the powers conferred by this Act. Schedule 3A to that Act (restriction on works following substantial street works) does not apply where a notice under section 54 (advance notice of certain works) or section 55 (notice of starting date of works) of that Act is in respect of works to be executed under the powers conferred by this Act. No notice under paragraph 2(1)(d) of that Schedule (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) has effect to require the notification of works proposed to be carried out under the powers conferred by this Act. No directions under paragraph 3 of that Schedule (directions as to the date on which undertakers may begin to execute proposed works) may be issued to the nominated undertaker. Paragraph 3(4) of that Schedule (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) does not apply in relation to the execution of works under the powers conferred by this Act. Paragraph 5(1) of that Schedule (effect of direction under paragraph 4 restricting further works) does not apply in relation to the execution of works under the powers conferred by this Act. The provisions of this paragraph apply in relation to a street for which the Secretary of State or a strategic highways company is the street authority only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions). Nothing in Part 3 of the Traffic Management Act 2004 (permit schemes), or in any permit scheme or permit regulations under that Part, applies in relation to the carrying out of works under the powers conferred by this Act. This paragraph applies in relation to— a permit scheme under Part 3 of the 2004 Act in respect of a street for which the Secretary of State or a strategic highways company is the highway authority, or a permit scheme prepared by the Secretary of State under section 33(4) of the 2004 Act, only if the relevant authority consents (and consent may be subject to conditions). “"The relevant authority”” means— in relation to a permit scheme mentioned in sub-paragraph (2)(a), the person who is the highway authority in respect of the street, and in relation to a permit scheme mentioned in sub-paragraph (2)(b), the Secretary of State. the traffic authority for a relevant road is a person other than the Secretary of State, the authority proposes to make a traffic regulation order in relation to the road, and it appears to the authority that provision made by the order could significantly interfere with the use of the road by heavy commercial vehicles for the purposes of the construction of Phase One of High Speed 2. Before making the order, the authority must consult the Secretary of State (in addition to any other person the authority is required to consult under or by virtue of Part 3 of Schedule 9 to RTRA 1984). “"heavy commercial vehicle”” has the same meaning as in RTRA 1984 (see section 138 of that Act); “"relevant road”” means a road, other than a special road or trunk road, which falls within one or more of the following paragraphs— a road which is part of a route identified in a deposited statement as a construction traffic route; a road which is part of a route in relation to which approval has been given under paragraph 6 of Schedule 17 (routes for transportation by large goods vehicles); where a request for approval under paragraph 6 of Schedule 17 has been made but not determined, a road which is part of a route to which the request for approval relates; a road any part of which is within the Act limits. For the purposes of the definition of “"relevant road””, “"special road”” and “"trunk road”” have the same meanings as in the Highways Act 1980. The Secretary of State may by notice designate— a road, or part of a road, in relation to which paragraph 1(2) does not apply; a description of traffic regulation orders in relation to which paragraph 1(2) does not apply. A notice under sub-paragraph (1)(a) has effect until further notice. The Secretary of State must give a notice under sub-paragraph (1)(a) to the traffic authority for the road (or part of the road) to which the notice relates. A notice under sub-paragraph (1)(b) may have effect generally or in relation to areas specified in the notice. The Secretary of State must give a notice under sub-paragraph (1)(b) to every traffic authority which would be affected by the notice. Failure by a traffic authority to comply with paragraph 1(2) in relation to a traffic regulation order does not affect the validity of the order. Paragraph 1(2) ceases to apply in relation to a traffic authority if the Secretary of State gives the authority a notice stating that— no further works are proposed to be constructed under this Act in the authority's area, and the use of relevant roads in the authority's area is no longer required by heavy commercial vehicles for the purposes of the construction of Phase One of High Speed 2. Paragraph 1(2) ceases to apply in relation to a particular part of the area of a traffic authority (“"the relevant part””) if— the Secretary of State reasonably considers that the relevant part can be treated separately from the rest of the authority's area for the purposes of paragraph 1(2), and the Secretary of State gives the authority a notice stating that— no further works are proposed to be constructed under this Act in the relevant part, and the use of relevant roads in the relevant part is no longer required by heavy commercial vehicles for the purposes of the construction of Phase One of High Speed 2. The Secretary of State must give a traffic authority a notice under sub-paragraph (1) or (2) as soon as reasonably practicable after the Secretary of State forms the view that the applicable requirements are met. For the purposes of sub-paragraph (3), the applicable requirements are met— in a sub-paragraph (1) case, if sub-paragraph (1)(a) and (b) apply in relation to the authority's area, and in a sub-paragraph (2) case, if sub-paragraph (2)(b)(i) and (ii) apply in relation to the relevant part. In this paragraph, “"heavy commercial vehicle”” and “"relevant road”” have the same meanings as in paragraph 1. The Secretary of State may give a direction to a traffic authority requiring the authority to make a traffic regulation order if the Secretary of State considers that the making of such an order is— necessary for the purposes of the timely, efficient and cost-effective construction of Phase One of High Speed 2, and reasonable in the circumstances. Paragraph 1(2) does not apply (if it otherwise would) to the making of a traffic regulation order in pursuance of a direction under this paragraph. Where a traffic authority makes a traffic regulation order in pursuance of a direction under this paragraph (a ““relevant order””), the authority may not without the Secretary of State's consent make a further traffic regulation order which contains— provision varying or revoking the relevant order, or provision as respects any length of road for any purpose where— an order has been made as respects that length of road for a similar purpose, and that order has been varied or revoked by the relevant order. The power to give a direction under this paragraph includes power to vary or revoke a previous direction given under this paragraph. This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 1, 6 or 9 of RTRA 1984. The order is to be treated for the purposes of Part 3 and paragraph 28 of Schedule 9 to RTRA 1984, and regulations made under Part 3 of that Schedule, as if it were required to be made in pursuance of a direction under paragraph 2 of that Schedule. The provisions mentioned in sub-paragraph (2) have effect accordingly, but as if— paragraph 26(1) of Schedule 9 to RTRA 1984 (which requires the Secretary of State to take account of objections) were omitted, for the purposes of the application of paragraph 28 of Schedule 9 to RTRA 1984 (provision about the variation or revocation of certain orders)— the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 4(3) of this Schedule, and any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 4(3) of this Schedule, and any provision in regulations made under Part 3 of Schedule 9 to RTRA 1984 relating to the holding of a public inquiry were omitted. Paragraph 35 of Schedule 9 to RTRA 1984 (provision for questioning validity of orders) has effect, in its application to the order, as if— the reference in sub-paragraph (a) to the relevant powers were to those powers as they apply in the case of an order made in pursuance of a direction under paragraph 4 above, and the reference in sub-paragraph (b) to the relevant requirements were to those requirements as modified by sub-paragraph (3) above. This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 14 of RTRA 1984. Section 15 of RTRA 1984 (duration of orders under section 14) does not apply to the order. The order has effect for the period specified or described in the direction. The period specified or described by virtue of sub-paragraph (3) must be such as the Secretary of State considers is reasonable for the purposes of the construction of Phase One of High Speed 2. The Secretary of State may direct a traffic authority to revoke a traffic regulation order made by the authority in pursuance of a direction under paragraph 4. The Secretary of State may direct a traffic authority to vary a traffic regulation order made by the authority in pursuance of a direction under paragraph 4, where— the Secretary of State considers that the variation is— reasonable in the circumstances, or the effect of the variation is to remove or relax a restriction imposed by the order on the use of any road. Where a traffic authority fails to comply with a direction under paragraph 4, the Secretary of State may make the traffic regulation order required by the direction. Where a traffic authority fails to comply with a direction under paragraph 7, the Secretary of State may by order vary or revoke the traffic regulation order (as required by the direction). The Secretary of State may by order made by statutory instrument vary or revoke a traffic regulation order (whenever made) if the Secretary of State considers the variation or revocation— This paragraph has effect without prejudice to the powers conferred on the Secretary of State by paragraphs 7 and 8. This paragraph applies to an order under paragraph 8 or 9. Paragraph 4 of Schedule 9 to RTRA 1984 (reserve powers of Secretary of State, including power to recover expenses) applies to the order as it applies to an order made by virtue of paragraph 3 of that Schedule. Parts 3 and 4 of Schedule 9 to RTRA 1984, and regulations made under paragraph 24 of that Schedule, apply to the order as they apply to an order made by virtue of the relevant paragraph of that Schedule, but as if— any provision in the regulations relating to the holding of a public inquiry were omitted, and for the purposes of the application of paragraph 28 of that Schedule (provision about the variation or revocation of certain orders)— the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 10(5) of this Schedule, and any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 10(5) of this Schedule. For the purposes of sub-paragraph (3), ““the relevant paragraph”” of Schedule 9 to RTRA 1984 is— in the case of an order under paragraph 8 of this Schedule, paragraph 3 of that Schedule, and in the case of an order under paragraph 9 of this Schedule, paragraph 7 of that Schedule. Where the Secretary of State makes an order to which this paragraph applies, the relevant authority may not without the Secretary of State's consent make a further traffic regulation order which contains— provision varying or revoking the Secretary of State's order, or that order has been varied or revoked by the Secretary of State's order. Paragraph 16 of Schedule 9 to RTRA 1984 (powers of Secretary of State where an order is submitted for consent) applies for the purposes of sub-paragraph (5) as if the further traffic regulation order had been submitted for consent under Part 2 of that Schedule. The Secretary of State may give a direction to a traffic authority prohibiting the authority from making or bringing into operation a traffic regulation order (whenever made) if the Secretary of State considers that such an order could significantly interfere with the use of any road for the purposes of the construction of Phase One of High Speed 2. A prohibition imposed by virtue of this paragraph may be expressed— so as to have effect generally or for a period specified in the direction; so as to prohibit the making or bringing into operation of a traffic regulation order without the Secretary of State's consent. The Secretary of State must consult a traffic authority— before giving a direction to the authority under paragraph 4, 7 or 11, or before making an order under paragraph 8(2) or 9 in relation to a traffic regulation order made by the authority. The purpose of consultation is— to ensure public safety and, so far as reasonably practicable, to reduce public inconvenience, and to take account of the requirements (however expressed) to which the traffic authority is subject under an enactment or under an agreement or undertaking entered into in pursuance of an enactment. The Secretary of State must prepare a statement setting out, in general terms— guidance in connection with the duty under paragraph 1(2) (which requires a traffic authority to consult the Secretary of State before making a traffic regulation order), and how the Secretary of State proposes to exercise the powers conferred on the Secretary of State by the preceding provisions of this Schedule. The Secretary of State may from time to time revise the statement. In preparing or revising the statement, the Secretary of Sate must consult— those traffic authorities which the Secretary of State considers are likely to be subject to the duty under paragraph 1(2) or to be affected by the exercise of the powers mentioned in sub-paragraph (1)(b) (or both). An authorised person may remove a vehicle, or arrange for its removal, where conditions 1 and 2 are met. Condition 1 is that the vehicle has been permitted to remain at rest, or has broken down and remained at rest— on any road in contravention of a prohibition or restriction imposed by a traffic regulation order, or on any road which is stopped up under paragraph 2 or 6 of Schedule 4. Condition 2 is that it appears to the authorised person that the vehicle is likely, if it is not removed— to obstruct the carrying out of any of the works authorised by this Act, or to be at risk of being damaged in consequence of the doing of anything for the purposes of the construction of Phase One of High Speed 2. References in sub-paragraphs (1) and (3) to the removal of a vehicle are to its removal to another position on the road in question or to another road. Before exercising the power under sub-paragraph (1), an authorised person must give notice to— the local authority (as defined by section 100(5) of RTRA 1984) in whose area the vehicle is situated, and the chief officer of the police force in whose area the vehicle is situated. A person removing a vehicle under or by virtue of sub-paragraph (1) may do so— by towing or driving the vehicle, or in such other manner as the person thinks necessary, and may take such measures in relation to the vehicle as the person thinks necessary to enable its removal. This paragraph is without prejudice to provision made by regulations under section 99 of RTRA 1984. “"authorised person”” means a person authorised by the nominated undertaker for the purposes of this paragraph; “"vehicle”” has the same meaning as in section 99 of RTRA 1984. “"road”” has the same meaning as in RTRA 1984 (see section 142(1) of that Act); “"RTRA 1984”” means the Road Traffic Regulation Act 1984; “"traffic authority”” has the same meaning as in RTRA 1984 (see section 121A of that Act); “"traffic regulation order”” means an order section 1, 6, 9 or 14 of RTRA 1984. In this Schedule “"lorry ban order”” means— the Greater London (Restriction of Goods Vehicles) Traffic Order 1985, or any other order made at any time under section 1, 6, 9 or 14 of the Road Traffic Regulation Act 1984 which to any extent imposes— a prohibition or restriction on the use of heavy commercial vehicles, or any class of such vehicles, in an area, zone or place, or on a road, specified in the order, or a requirement that heavy commercial vehicles, or any class of such vehicles, use a specified through route. The reference in sub-paragraph (1)(b)(i) to a prohibition or restriction on the use of heavy commercial vehicles on a road does not include a prohibition or restriction on their use on part of the width of a road. It is immaterial for the purposes of sub-paragraph (1)(b) whether the prohibition, restriction or requirement is subject to exceptions. This paragraph applies in relation to a lorry ban order made by the Secretary of State or a strategic highways company only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions). If a lorry ban order referred to in paragraph 1(1)(b) does not contain the required provision, it is to be treated as if it did. The required provision is provision to the effect that— a person proposing to use heavy commercial vehicles in connection with authorised works in a way which would otherwise constitute a breach of the prohibition, restriction or requirement referred to in paragraph 1(1)(b) may apply for the issue of a permit in respect of that use, and the use authorised by such a permit does not constitute a breach of the prohibition, restriction or requirement. This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey— proposed to be undertaken in connection with the carrying out of authorised works, and for which a permit under a lorry ban order is required if the prohibition, restriction or requirement is not to be breached. The person may apply for a permit under the lorry ban order for the journey by giving the details mentioned in sub-paragraph (3), by telephone or by electronic means, to the authority responsible for dealing with permits under the order. The details referred to above are— the identity of the applicant, how the applicant may be contacted by telephone or by electronic means, the registration number of the vehicle to which the application relates, the authorised works in connection with which the journey is to be undertaken, whether any approved arrangements are relevant to the application and, if so, what they are, the date when the journey is proposed to be undertaken, in the case of an order made otherwise than by the Secretary of State or a strategic highways company, whether it is proposed to stop in the relevant area for delivery or collection purposes and, if so, the place or places and time or times at which it is proposed to do so, and in the case of an order made by the Secretary of State or a strategic highways company, such details of the place or places and time or times at which it is proposed to stop for delivery or collection purposes as may be set out in conditions attaching to consent given under paragraph 1(4). In sub-paragraph (3)(g) “"relevant area”” means— Greater London, if the area, zone, place or road specified in the order is in Greater London, and the area of the traffic authority, in any other case. An authority responsible for dealing with permits under a lorry ban order must make arrangements enabling applications under paragraph 3 to be made at any time. Once an application for a permit has been made under paragraph 3, then, for the purpose of any relevant journey, the application is to be treated as granted subject to such conditions as the Secretary of State may by order specify. A journey is a relevant journey for the purposes of sub-paragraph (2) if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by the means specified by the application under paragraph 3(3)(b). The power to make an order under sub-paragraph (2) includes— power to make different provision for different cases, and power to make an order varying or revoking any order previously made under that provision. This paragraph applies where an application for the issue of a permit under a lorry ban order— is made under paragraph 3, or is otherwise expressed to be made in connection with the carrying out of authorised works. The application must be granted if the issue of a permit is reasonably required— for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or for the purpose of enabling authorised works to be carried out in accordance with approved arrangements. If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works— in a timely and efficient manner, or in accordance with approved arrangements. An applicant aggrieved by a decision under sub-paragraph (2) or (3) may appeal to the Secretary of State by giving notice of the appeal to— the Secretary of State, and the authority whose decision is appealed against, within 28 days of notification of the decision. On an appeal under sub-paragraph (4), the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against. If, on an appeal under sub-paragraph (4) against a decision under sub-paragraph (3), the Secretary of State varies the decision, the variation has effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify. The applicant may not challenge a decision under sub-paragraph (3) otherwise than by an appeal under sub-paragraph (4). “"approved arrangements”” means arrangements approved for the purposes of paragraph 6 of Schedule 17; “"authorised works”” means works authorised by this Act; “"electronic means”” includes email and the internet; “"heavy commercial vehicle”” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 138 of that Act); “"traffic authority”” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act); “"working day”” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971. In this Schedule references to the issuing of a permit include the giving of any consent. In the Control of Pollution Act 1974, sections 60 (control of noise on construction sites) and 61 (prior consent for work on construction sites) each have effect, in relation to works carried out in exercise of the powers conferred by this Act, as if— in subsection (7) (appeal against notice or against failure to give consent or the giving of qualified consent), for “a magistrates' court” there were substituted “ the Secretary of State ”, and after that subsection there were inserted— If within seven days of the giving of notice of appeal under subsection (7) of this section the appellant and the local authority so agree, the appeal shall, instead of being determined by the Secretary of State, be referred to arbitration. The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly may, in relation to appeals which (by virtue of sub-paragraph (1)) are referred to arbitration under section 60(7A) or 61(7A) of the Control of Pollution Act 1974, by regulations make any such provision as may be made by regulations under section 70 of that Act in relation to appeals under Part 3 of that Act to the Secretary of State. Regulations under sub-paragraph (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. In proceedings for an offence under section 80(4) of the Environmental Protection Act 1990 (offence of contravening abatement notice) in respect of a statutory nuisance falling within section 79(1)(g) or (ga) of that Act where the offence consists in contravening requirements imposed by virtue of section 80(1)(a) or (b) of that Act, it is a defence to show that the nuisance— is a consequence of— the construction or maintenance of the works authorised by this Act, or the operation of Phase One of High Speed 2, and cannot reasonably be avoided. Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to— a statutory nuisance falling within section 79(1)(g) of that Act (noise emitted from premises), or a statutory nuisance falling within section 79(1)(ga) of that Act (noise emitted by vehicle, machinery or equipment in a street), no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that sub-paragraph (2) or (3) applies. This sub-paragraph applies if the nuisance— relates to premises or, as the case may be, to a vehicle, machinery or equipment, used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works, and is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974. The following provisions of the Control of Pollution Act 1974— section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990), and section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded), do not apply where the consent relates to the use of premises or, as the case may be, of a vehicle, machinery or equipment by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works. Nothing in section 3 of the London Squares Preservation Act 1931 (protection of squares) has effect in relation to anything done for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works. Nothing in any agreement under section 9 of that Act (agreements between local authority and owner of a protected square) has effect to prohibit, restrict or impose any condition on the exercise of the powers conferred by this Act with respect to works. Nothing in the London Overground Wires &c. Act 1933, or in any byelaw made under that Act, extends or applies to any wires or part of a wire erected or placed, proposed to be erected or placed, or for the time being maintained, by the nominated undertaker in exercise of the powers conferred by this Act. The following provisions of the London Building Acts (Amendment) Act 1939 do not apply to anything held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act— Part 3 (construction of buildings and structures generally), Part 4 (construction of special and temporary buildings and structures), and Part 5 (means of escape in case of fire). Sub-paragraph (1) does not apply in relation to a building which is a house or a hotel. Section 11 of the West Midlands County Council Act 1980 (floodlighting) does not apply to floodlighting provided for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works. Section 15 of that Act (dust) does not apply to building operations carried out in exercise of the powers conferred by this Act. Section 16 of that Act (noise from air-powered tools and compressors) does not apply to equipment used for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works. Section 21 of that Act (powers of entry for Prevention of Damage by Pests Act 1949) does not apply in relation to any land held by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Section 46 of that Act (building plans: access for fire brigade) does not apply to plans relating to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Part 7 of that Act (storage of flammable materials) does not apply in relation to a stack on land held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Section 84 of that Act (works erected etc over watercourses) does not apply to a work (as defined in that section) belonging to the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Section 7 of the Staffordshire Act 1983 (plans for new streets) does not apply to any work carried out in exercise of the powers conferred by this Act. Section 10(1)(b) of that Act (ornamental or mown land) does not apply to the use of a vehicle which is reasonably necessary— for the purposes of, or in connection with, the exercise of the powers conferred by this Act with respect to works, or for the purposes of the nominated undertaker's undertaking under this Act. Section 12 of that Act (dust) does not apply to building operations carried out in exercise of the powers conferred by this Act. Section 16 of that Act (powers of entry for Prevention of Damage by Pests Act 1949) does not apply in relation to any land held by the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Section 26 of that Act (building plans: access for fire brigade) does not apply to plans relating to a building held by the Secretary of State or the nominated undertaker and used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act. Section 5(2)(a) of the Oxfordshire Act 1985 (grass verges and open spaces) does not apply to the use of a vehicle, or the leaving of a vehicle, which is reasonably necessary— Section 10 of that Act (culverting of ditches) does not apply to anything done in exercise of the powers conferred by this Act with respect to works. The following provisions of the Greater London Council (General Powers) Act 1986 do not apply to anything done in exercise of the powers conferred by this Act with respect to works— section 5(1) (consent of borough council required for demolition of works under a street), section 6(1) (consent of borough council required for works preventing access to premises under a street), and section 7(1) (consent of borough council required for infilling in premises under a street). The Highway (Railway Crossings) Act 1839 does not apply to a railway authorised by this Act. In its application to Phase One of High Speed 2, or a train all or part of whose journey is on Phase One of High Speed 2, section 16 of the Railway Regulation Act 1840 (obstruction of officers of railway company or trespass upon railway) has effect as if— the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 3 on the standard scale (instead of level 1), and the court had, as an alternative to imposing a fine, the power to award imprisonment for a period not exceeding 51 weeks (in the case of an offence committed in England and Wales) or 12 months (in the case of an offence committed in Scotland). In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (1)(b) to 51 weeks is to be read as a reference to one month. Section 9 of the Railway Regulation Act 1842 does not apply to a railway authorised by this Act. The following provisions only of the Railways Clauses Consolidation Act 1845 are incorporated with this Act, in so far as they are applicable for the purposes of this Act and not inconsistent with its provisions— sections 2 to 4, 6, 16, 18, 21, 24, 30, 31, 37 and 38 (so far as relating to section 31), 46, 67 to 70, 73, 86, 97, 103, 105, 140, 142, 144, 145 and 162 to 164. In their application by virtue of sub-paragraph (1)— section 2 has effect with the substitution for ““so incorporated as aforesaid”” of ““incorporated””; section 6 has effect with the omission of ““and to take lands for that purpose””, ““taken or”” and ““for the value of the lands so taken or used, and””; sections 18 and 21 do not apply in any case where the relations between the nominated undertaker and any other person are regulated by sections 84 and 85 of the New Roads and Street Works Act 1991 or Part 2 of Schedule 33 to this Act (protective provisions relating to utility undertakers); section 46 has effect with the omission of the words from ““of the height”” to ““in that behalf provided””; section 68 has effect with the omission of the words from ““Such and”” to ““formation thereof”” and from ““together with all necessary gates”” to ““all necessary stiles””. Sections 4 and 12 of the Railways Clauses Act 1863 (and section 3 of that Act so far as relating to those sections) are incorporated with this Act, in so far as applicable for the purposes of this Act and not inconsistent with its provisions. In its application by virtue of sub-paragraph (1), section 4 has effect with the omission of— the words ““and subject to the limitations contained in sections eleven, twelve, and fifteen of those Acts respectively,””, and the words from ““Provided that nothing”” to the end. In its application to Phase One of High Speed 2, or a train all or part of whose journey is on Phase One of High Speed 2, section 5 of the Regulation of Railways Act 1889 has effect as follows— section 5(1) (failure to produce ticket, pay fare or give name and address) has effect as if the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 2 on the standard scale (instead of level 1); section 5(2) (power to arrest passenger who fails to produce ticket and refuses to give name and address) has effect as if after ““refuses”” there were inserted “ or fails ”; section 5(3) (travel with intent to avoid payment of fare) has effect as if the maximum fine which may be imposed on summary conviction of the offence for which it provides were level 3 on the standard scale (instead of level 2). Section 55 of the British Transport Commission Act 1949 (penalty for trespass on railways etc) also applies in relation to any railway, siding, tunnel, railway embankment, cutting or similar work constructed in exercise of the powers conferred by this Act. Section 56 of that Act (penalty for stone throwing etc on railways) also applies in relation to any railway or siding constructed in exercise of the powers conferred by this Act. Clause 12 of the 1987 North Pole Depot undertaking (restriction on the operation of diesel locomotives on the site) does not apply in relation to— the western part of the site, or the use of any railway or siding on any other part of the site for the purposes of access to, or stabling in connection with, a depot on the western part of the site. For the purposes of this paragraph— “"the 1987 North Pole Depot undertaking”” means the undertaking of the British Railways Board to the London Borough of Ealing and the London Borough of Hammersmith and Fulham in relation to a proposed North Pole Depot, dated 30 March 1987; “"the site”” has the meaning given by clause 1 of the undertaking; “"the western part of the site”” means any part of the site which is situated on land west of Scrubs Lane. This paragraph applies where a difference is referred under section 43(3) to arbitration. The parties must notify the Secretary of State of the referral without delay after the commencement of the arbitral proceedings. The Secretary of State may, on request or otherwise, direct the arbitrator as to results that are to be achieved by the agreement for which terms are to be determined by the arbitration. A direction under this paragraph may be made even though the making of the direction affects the outcome of proceedings to which the Secretary of State, or a body in which the Secretary of State has an interest, is a party. A request for a direction under this paragraph may be made by the arbitrator (as well as by a party). For the purpose of determining whether or not the arbitrator has to comply with a direction under this paragraph, the rule is that the arbitrator must comply with the direction in determining terms of the agreement if the direction— is relevant to the determination of those terms, and is given to the arbitrator before the award determining those terms is made. For the purpose of determining what the arbitrator has to do to comply with a direction under this paragraph, the rule is that the arbitrator must carry out the function of determining terms of the agreement so as to secure, so far as is reasonably practicable, that the results concerned are achieved by the agreement. The Secretary of State may, on request or otherwise, direct— that a group of proceedings is to be consolidated, or that concurrent hearings are to be held in a group of proceedings. In sub-paragraph (1) “"group of proceedings”” means a group consisting of— section 43(3) proceedings, and any one or more of the following— other section 43(3) proceedings, arbitral proceedings related to the proceedings mentioned in paragraph (a), and arbitral proceedings related to section 43(3) proceedings that are to be consolidated with the proceedings mentioned in paragraph (a). A request for a direction under this paragraph may be made by the arbitrator or any of the arbitrators (as well as by a party). A direction under this paragraph must specify the terms on which the proceedings are to be consolidated or on which concurrent hearings are to be held. Where a direction under this paragraph provides for the consolidation of proceedings that do not all have the same arbitrator, the terms that may be specified in the direction include (in particular)— terms specifying the person who is to be the arbitrator in the consolidated proceedings; terms under which that person is to be determined. For the purposes of this section— “"section 43(3) proceedings”” means proceedings on arbitration of a difference referred under section 43(3), and arbitral proceedings are ““related”” to section 43(3) proceedings if— the arbitral proceedings are not section 43(3) proceedings, at least one of the parties to the arbitral proceedings is also a party to the section 43(3) proceedings, and the Secretary of State considers that the subject-matter of the arbitral proceedings is connected with the subject-matter of the section 43(3) proceedings. The property, rights and liabilities that may be the subject of a transfer scheme include in particular— rights and liabilities relating to contracts of employment; property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor; property acquired after the making of the scheme and rights and liabilities arising after the making of the scheme; rights and liabilities under an enactment. A transfer scheme may— create rights or interests in relation to property for whose transfer the scheme provides or property retained by the transferor; create rights and liabilities as between the transferor and a transferee or as between different transferees.

A transfer scheme may contain provision about enforcement, by or against any one or more of the transferor and the transferee or transferees, of a right or liability for whose transfer or creation the scheme provides. A transfer scheme may define the property, rights and liabilities to be transferred or property to be retained by the transferor— by specifying it or them; by describing it or them. A description of property, rights or liabilities may be framed in particular— by reference to the transferor's undertaking; by reference to a specified part of that undertaking. The power under section 46 to make a scheme for the transfer of any property from one person (A) to another (B) may be exercised instead so as to make a scheme for the creation by A in favour of B of an interest in or right in relation to the property. This paragraph applies where rights, powers, duties and liabilities relating to a person's contract of employment are transferred in accordance with a transfer scheme. The transfer does not break the continuity of the person's employment, and accordingly— the person is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by virtue of the transfer, and the person's period of employment with the transferor counts, for the purposes of that Act, as a period of employment with the transferee. a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, but before the transfer takes effect, the person informs the transferor or transferee that the person objects to the transfer. Those rights, powers, duties and liabilities are not transferred to the transferee. The person's contract of employment is terminated immediately before the day on which the transfer would have occurred. The person is not, for any purpose, to be regarded as having been dismissed. Nothing in this paragraph affects the person's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the person's detriment in his or her working conditions. If a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, it may include provision with respect to the person's eligibility to become a member of a pension scheme by virtue of employment with the transferee. The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the person under— a pension scheme of which the person may become a member by virtue of employment with the transferee, or a pension scheme of which the person is a member by virtue of employment immediately before the transfer. Where a person holds employment in the civil service of the State on terms which do not constitute a contract of employment— the person is to be treated for the purposes of this Schedule as employed under a contract of employment, the terms of the employment in the civil service of the State are to be treated for those purposes as the terms of that contract, and the reference in paragraph 4 to dismissal is to be read as a reference to termination of the employment in the civil service of the State. A transfer scheme may provide for a transfer to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be as a result of a provision which has effect (whether under an enactment or agreement or otherwise) in relation to— the terms on which the transferor is entitled to the property or right for whose transfer the scheme provides, or the terms on which the transferor is subject to the liability for whose transfer the scheme provides. A transfer scheme may provide for the creation of an interest in or right in relation to property to take effect as if there were no contravention or liability, or interference with any interest or right, that there would otherwise be as a result of a provision which has effect (whether under an enactment or agreement or otherwise) in relation to— the terms on which the transferor is entitled to the property, or the terms on which a subsidiary of the transferor is entitled or subject to anything immediately before the creation of the interest or right takes effect. This paragraph applies where a transfer scheme provides for the transfer of shares in a subsidiary of the transferor. The scheme may provide for the transfer to take effect as if there were no contravention or liability, or interference with any right or interest, that there would otherwise be as a result of a provision which has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the subsidiary is entitled or subject to anything immediately before the transfer takes effect. A transfer scheme may modify interests, rights or liabilities of third parties in relation to anything to which the scheme relates. In sub-paragraph (1), “"third party””, in relation to a scheme, means a person other than the transferor or a transferee. Where a person would (apart from this paragraph) have a qualifying entitlement in consequence of— property, rights or liabilities having been, or being likely to be, transferred under a transfer scheme, interests, rights or liabilities having been, or being likely to be, created under a transfer scheme, or anything else having been done, or being likely to be done, by or under a transfer scheme, that entitlement is enforceable, in consequence of the circumstances mentioned in paragraph (a), (b) or (c), only to the extent specified in the scheme. In this paragraph, “"qualifying entitlement””, in relation to a transfer scheme, means an entitlement— to terminate, modify, acquire or claim an interest or right to which the transferor, or a subsidiary of the transferor, is entitled or subject, or to treat an interest or right to which the transferor, or a subsidiary of the transferor, is entitled or subject as modified or terminated. A transfer scheme may contain provision for imposing, on the transferor or a transferee, obligations— to enter into agreements with persons specified in the scheme, or to execute instruments in favour of persons specified in the scheme. Any person may be specified by virtue of sub-paragraph (1)(a) or (b) (including the transferor or a transferee). Where a scheme contains provision for imposing an obligation of the kind mentioned in sub-paragraph (1)— the scheme must specify or describe the agreement or instrument to which the obligation relates, and the obligation may be enforced in any authorised way by the person— with whom the agreement is to be entered into, or in favour of whom the instrument is to be executed. In sub-paragraph (3)(b), “"enforced in any authorised way”” means enforced— in civil proceedings for an injunction, in civil proceedings for any other appropriate remedy or relief, or in any other way authorised by the scheme. The scheme may provide that sub-paragraph (4)(a) or (b)— does not apply in relation to the obligation, or applies in relation to the obligation subject to restrictions imposed by the scheme. A transfer scheme may include consequential, supplementary, incidental, and transitional provision. That includes, in particular, provision— saving the effect of things done by or in relation to the transferor, for a transferee to be treated as the same person in law as the transferor, for things done by or in relation to the transferor to be treated as done by or in relation to a transferee, for things (including legal proceedings) being done by or in relation to the transferor to be continued by or in relation to a transferee, and for references in a document (other than in an enactment) to the transferor, or to an employee or office-holder of the transferor, to have effect with modifications specified in the scheme. At the time appointed for the purpose by a transfer scheme, property, rights and liabilities for whose transfer the scheme provides are transferred in accordance with the scheme. A scheme may appoint different times for the transfer of different things. References in this paragraph to the transfer of property, rights and liabilities include references to the creation of interests, rights or liabilities under paragraph 1 or 2 (and “"transferred””, in relation to property, rights or liabilities, is to be read accordingly). Where the transferor, and the transferee or transferees, under a transfer scheme so agree, the scheme is to be treated for all purposes as having been made with such modifications as may be agreed. Sub-paragraph (1) does not apply in the case of an agreement relating to rights and liabilities under a contract of employment unless the employee is a party to the agreement. Sub-paragraph (1) does not apply in the case of an agreement that adversely affects the property or rights of a person other than the transferor or a transferee unless that person is a party to the agreement. An agreement under sub-paragraph (1) may make— any provision that could have been contained in the scheme, and consequential, supplementary, incidental or transitional provision in connection with giving effect to any such provision. Provision under sub-paragraph (4) may be made so as to have effect from when the scheme was made (or any later time). Where the Secretary of State proposes to make a transfer scheme, the Secretary of State may direct— a proposed transferor, a proposed transferee, or High Speed Two (HS2) Limited, to provide the Secretary of State with such information as the Secretary of State considers necessary to enable the scheme to be made. A direction under sub-paragraph (1) must specify the period (of not less than 28 days beginning with the day when the direction is given) within which the information is to be provided. If a person fails to comply with the direction, the Secretary of State may give the person a notice requiring the person— to produce to the Secretary of State, at a time and place specified in the notice, any documents which are specified or described in the notice and are in the person's custody or control, or to provide to the Secretary of State, at a time and place and in the form and manner specified in the notice, such information as may be specified or described in the notice. No person may be required under sub-paragraph (3)— to produce a document which the person could not be compelled to produce in civil proceedings in the High Court, or to provide information which the person could not be compelled to give in evidence in such proceedings. If a person fails to comply with a notice under sub-paragraph (3), the High Court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good. Any order under sub-paragraph (5) may include provision requiring all the costs and expenses of and incidental to the application to be borne by one or more of— the person in default, and any officers of a body corporate or other association who are responsible for its default. In this paragraph, a reference to producing a document includes a reference to producing a legible and intelligible copy of information recorded otherwise than in legible form. The Secretary of State may by agreement fetter the exercise of his or her discretion relating to his or her powers under this Schedule. The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to— any property, rights or liabilities transferred in accordance with a transfer scheme, or anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with a transfer scheme. The provision that may be made under sub-paragraph (1)(a) includes, in particular, provision for— a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred; any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision; the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred. The provision that may be made under sub-paragraph (1)(b) includes, in particular, provision for— a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer; anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or to be treated in a specified way; the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer. Regulations under this paragraph may make— supplementary, incidental or consequential provision; different provision for different purposes. “"relevant tax”” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax; “"tax provision”” means a provision of an enactment about a relevant tax. References in this paragraph to the transfer of property, rights or liabilities, in accordance with a transfer scheme include references to— the creation of interests, rights or liabilities under paragraph 1, 2 or 11, and the modification of interests, rights or liabilities under paragraph 9, (and “"transferred””, in relation to property, rights or liabilities, is to be read accordingly). Regulations under this paragraph must be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of the House of Commons. ““enactment””, except in paragraph 17, includes a Scottish enactment (as well as the instruments and provisions specified in the definition in section 68(1)); “"Scottish enactment”” means an Act of the Scottish Parliament or an instrument made under such an Act (or a provision of such an Act or instrument); “"subsidiary”” has the meaning given by section 1159 of the Companies Act 2006; “"transfer scheme”” means a scheme under section 46; “"transferee””, in relation to a transfer scheme, means a person who is a transferee in respect of property, rights or liabilities for whose transfer the scheme provides (or the person in whose favour any interest or right is created under paragraph 2); “"transferor””, in relation to a transfer scheme, means the person for the transfer of whose property, rights or liabilities the scheme provides (or the person by whom any interest or right is created under paragraph 2). References in this Schedule to a right or entitlement include references to an entitlement to exercise a right (and references to a right's arising include references to its becoming exercisable). Article 3(10) of the General Permitted Development Order (which excepts development requiring an environmental assessment from the general planning permission granted by that Order) does not apply to development which— falls within a class of development described as permitted development in a provision of Schedule 2 to that Order that is listed in sub-paragraph (2), and is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill. The provisions of Schedule 2 to the General Permitted Development Order that are referred to in sub-paragraph (1)(a) are— in Part 8, classes A, B, C, D and E; in Part 9, class C; in Part 13, classes A, B and D; Part 15; in Part 16, classes A, B, C and E. References in sub-paragraph (2) to particular provisions of the General Permitted Development Order include references to the corresponding provisions of any order replacing that Order. In this paragraph, “"the General Permitted Development Order”” means the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596). Planning permission granted by virtue of paragraph 1 is subject to the condition that development is carried out in accordance with such requirements as the Secretary of State may by notice to the developer specify for the purpose of— avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which the High Speed Rail (London - West Midlands) Bill was committed, or securing that the environmental effects of carrying out the development are not materially different from those envisaged by the statement by virtue of which paragraph 1(1)(b) applies. The power conferred under sub-paragraph (1) is exercisable after, as well as before, development is commenced. The power conferred under sub-paragraph (1) includes power, exercisable in the same manner, to vary or revoke a notice under that sub-paragraph. The condition imposed by sub-paragraph (1) is in addition to any condition to which the planning permission may be subject apart from this paragraph. it appears to the Secretary of State that a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a), and the Secretary of State is of the opinion that the proposed development is not covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill, the Secretary of State may give notice of that opinion to the proposed developer. The power conferred under sub-paragraph (1) includes power, exercisable in the same manner, to withdraw a notice under that sub-paragraph. Where a notice under sub-paragraph (1) has been given (and not withdrawn), paragraph 1 is to be treated as not applying to the carrying out of the development by the proposed developer. Where it appears to the Secretary of State that— a person is proposing to carry out development of a kind mentioned in paragraph 1(1)(a), the development is covered by an environmental assessment in connection with the High Speed Rail (London - West Midlands) Bill, and it is necessary or desirable to do so for the purpose of avoiding a breach of an undertaking given by the Secretary of State to the Select Committee of either House of Parliament to which that Bill was committed, the Secretary of State may by notice to the proposed developer disapply paragraph 1(1) in relation to the carrying out of the development by that person. The power conferred under sub-paragraph (1) includes power, exercisable in the same manner, to revoke a notice under that sub-paragraph. A notice under this Schedule must— specify the person to whom it is given, specify the development to which it relates, explain the reasons for it, and in the case of a notice under paragraph 3, explain its effect. The Secretary of State must, when giving a notice under this Schedule, give a copy to the unitary authority or, in a non-unitary area, the district council in whose area the development is or is to be carried out. the unitary authority for the purposes of sub-paragraph (2) is a London borough council, and as a result of a Localism Act TCPA order, a Mayoral development corporation is the local planning authority for the purposes of Part 3 of the Town and Country Planning Act 1990 for the area where the development is or is to be carried out, the Secretary of State must give a copy of the notice to the Mayoral development corporation instead of the London borough council. The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker and the highway authority concerned. In this Part— “"plans”” includes sections and specifications; “"property of the highway authority”” means any apparatus of the highway authority affixed to or placed under any highway. Part 3 of the New Roads and Street Works Act 1991 does not apply in relation to any matter which is regulated by this Part. Wherever in this Part provision is made with respect to the approval or consent of the highway authority, that approval or consent must be in writing and subject to such reasonable terms and conditions as the highway authority may require, but must not be unreasonably withheld. In exercising the powers conferred by this Act in relation to any highway the nominated undertaker must— have regard to the potential disruption of traffic which may be caused, and seek to minimise such disruption so far as is reasonably practicable. This paragraph applies to the construction of any tunnel, subway or other structure authorised by this Act under and within 8 metres of the surface of any highway which comprises a carriageway. The nominated undertaker must not, without the consent of the highway authority, carry out works to which this paragraph applies except in accordance with plans submitted to, and approved by, the highway authority. If, within 28 days after such plans have been submitted, the highway authority has not approved or disapproved them, it is deemed to have approved the plans as submitted. This paragraph does not apply to street works within the meaning of Part 3 of the New Roads and Street Works Act 1991. In the construction of any part of the works to which paragraph 4 applies under a highway no part of it may, except with the consent of the highway authority, be so constructed as to— interfere with the provision of proper means of drainage of the surface of the highway, or be nearer than two metres to the surface of the highway. The provisions of this paragraph have effect in relation to, and in relation to the construction of, any new bridge, or any extension or alteration of an existing bridge, which carries— any part of the works authorised by this Act over a highway, or a highway over any part of those works. Any such new bridge, or (as the case may be) any bridge so extended or altered, is referred to in this paragraph as “"the bridge””. Before commencing the construction of, or the carrying out of any work in connection with, the bridge which involves interference with a highway, the nominated undertaker must submit to the highway authority for its approval plans, drawings and particulars (in this paragraph referred to as “"plans””) relating to the work, and the bridge must not be constructed and the works must not be carried out except in accordance with the plans submitted to, and approved by, the highway authority. If, within 28 days after the plans have been submitted, the highway authority has not approved or disapproved them, it is to be deemed to have approved the plans as submitted. If the bridge carries any part of the works authorised by this Act over any highway— it must be constructed in such manner as to prevent so far as may be reasonably practicable the dripping of water from the bridge, and the highway authority may, at the cost of the nominated undertaker, provide and place such lamps and apparatus as may from time to time be reasonably necessary for efficiently lighting any highway under or in the vicinity of the bridge. The nominated undertaker must— secure that so much of the works authorised by this Act as is constructed under any highway must be so designed, constructed and maintained as to carry the appropriate loading recommended for highway bridges by the Secretary of State at the time of construction of the works, and indemnify the highway authority against, and make good to the highway authority, the expenses which the highway authority may reasonably incur in the maintenance or repair of any highway, or any tunnels, sewers, drains or apparatus in the highway, by reason of non-compliance with the provisions of this paragraph. Any officer of the highway authority duly appointed for the purpose may at all reasonable times, on giving to the nominated undertaker such notice as may in the circumstances be reasonable, enter upon and inspect any part of the works authorised by this Act which— is in, over or under any highway, or which may affect any highway or any property of the highway authority, during the carrying out of the works. The nominated undertaker must give to such officer all reasonable facilities for such inspection and, if the officer is of the opinion that the construction of the work is attended with danger to any highway or to any property of the highway authority on or under any highway, the nominated undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury to the highway. The nominated undertaker must not alter, disturb or in any way interfere with any property of the highway authority on or under any highway, or the access to that property, without the consent of the highway authority. Any alteration, diversion, replacement or reconstruction of any such property which may be necessary must be made by the highway authority or the nominated undertaker as the highway authority thinks fit, and the expense reasonably incurred by the highway authority in so doing must be repaid to the highway authority by the nominated undertaker. If, within 28 days after a request for consent has been submitted, the highway authority has not given or refused such consent, it is to be deemed to have consented to the request as submitted. The nominated undertaker must not remove any soil or material from any highway except so much as is excavated in the carrying out of the works authorised by this Act. If the highway authority, after giving to the nominated undertaker not less than 28 days' notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in consequence of the construction of the works authorised by this Act— in the signposting of traffic diversions, in the taking of other measures in relation to those diversions, or in the repair of any highway by reason of the diversion of traffic from a road of a higher standard, the nominated undertaker must repay to the highway authority the amount of any such expense reasonably so incurred. Sub-paragraph (3) applies in respect of an amount which, but for that sub-paragraph, would be payable to the highway authority by virtue of sub-paragraph (1) in respect of the repair of any highway. If the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), the amount payable to the highway authority must be reduced by the amount which represents that benefit. The nominated undertaker must not, except with the consent of the highway authority— deposit any soil or material, or store any plant, in or over a highway to which the public continues to have access so as to obstruct or render less safe the use of the highway, deposit any soils or materials on any such highway outside a hoarding, erect or retain on or over such a highway any scaffolding or other structure which obstructs the highway unless the structure comprises screening which has been approved under Schedule 17 (planning conditions), but if within 28 days after request for it any such consent is neither given nor refused it is to be deemed to have been given. The nominated undertaker must, if reasonably so required by the highway authority, provide and maintain to the reasonable satisfaction of the highway authority, during such time as the nominated undertaker may occupy any part of a highway for the purpose of the construction of any part of the works authorised by this Act, temporary bridges and temporary ramps for vehicular or pedestrian traffic over any part of the works or in such other position as may be necessary to prevent undue interference with the flow of traffic in the highway. Where any part of any highway has been broken up or disturbed by the nominated undertaker and not permanently stopped up or diverted, the nominated undertaker must— make good the subsoil, foundations and surface of that part of the highway to the reasonable satisfaction of the highway authority, and maintain the same to the reasonable satisfaction of the highway authority for such time as may reasonably be required for the permanent reinstatement of the highway. The reinstatement of that part of the highway must be carried out by the nominated undertaker to the reasonable satisfaction of the highway authority in accordance with such requirements as to specification of material and standards of workmanship as may be prescribed for equivalent reinstatement work by regulations made under section 71 of the New Roads and Street Works Act 1991. This paragraph applies where damage to any highway or property of the highway authority on or under any highway is caused by, or results from— the construction of any work authorised by this Act, or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work. In the case of damage to a highway, the nominated undertaker may make good such damage to the reasonable satisfaction of the highway authority. The nominated undertaker must pay compensation to the highway authority— in a case where the nominated undertaker does not make good such damage to a highway; in the case of damage to property of the highway authority. The fact that any act or thing may have been done in accordance with plans approved by the highway authority must not (if it was not attributable to the act, neglect or default of the highway authority or of any person in its employ or its contractors or agents) exonerate the nominated undertaker from any liability, or affect any claim for damages, under this Part or otherwise. Any dispute arising between the nominated undertaker and the highway authority under this Part is to be determined by arbitration if— the parties agree, or the dispute relates to the amount of any sum payable under this Part, but must otherwise be determined by a person appointed by the Secretary of State. Any person appointed by the Secretary of State under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the Secretary of State on making the appointment. The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and the undertakers concerned. “"alternative apparatus”” means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace; “"apparatus”” means— in the case of electricity undertakers, electric lines or electrical plant (as defined in the Electricity Act 1989) belonging to, or maintained by, such undertakers; in the case of gas undertakers, mains, pipes or other apparatus belonging to, or maintained by, a gas transporter for the purposes of the conveyance or storage of gas; in the case of water undertakers— mains, pipes or other apparatus belonging to, or maintained by, such undertakers for the purposes of water supply; and any water mains or service pipes (or part of a water main or service pipe) that is the subject of an agreement to adopt made under section 51A of the Water Industry Act 1991; in the case of sewerage undertakers— any sewer, drain or works vested in a sewerage undertaker under the Water Industry Act 1991 and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or work; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act; and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus; “"construction”” includes execution, placing, altering, replacing, relaying and removal and, in its application to works which include or comprise any operation, means the carrying out of that operation; “"functions”” includes powers and duties; ““in”” in a context referring to apparatus in land includes under, over, across, along or upon land; “"plans”” includes sections and method statements; ““removed”” and ““removal”” in a context referring to the removal of apparatus includes the disconnection and abandonment of apparatus where the retention of decommissioned apparatus would not affect the construction and use of the works authorised by this Act; “"service obligations”” means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings; “"undertakers”” means any of the following, namely, a licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within Part 1 of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act; and, in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained. Except in paragraphs 26(3) and 27, the provisions of this Part are not to apply to any apparatus in respect of which the relations between the nominated undertaker and the undertakers are regulated by the provisions of Part 3 of the New Roads and Street Works Act 1991. The exercise of the powers under paragraphs 2 to 6 of Schedule 2 in relation to apparatus to which this Part applies is subject to paragraph 25 of this Part, and paragraphs 28 and 29 of this Part apply instead of paragraph 14 of Schedule 2 in relation to the exercise of those powers. The following provisions of this paragraph have effect in any case where the Secretary of State or the nominated undertaker, in exercise of the powers of this Act, acquires any interest in or temporarily occupies any land in which apparatus is placed. Unless a certificate is issued by the appropriate Ministers under sub-paragraph (3) the apparatus must not be removed under this Part, and any right of the undertakers to maintain, repair, renew, adjust, alter or inspect the apparatus in that land is not to be extinguished until any necessary alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the undertakers. Where the appropriate Ministers certify in relation to any apparatus that— failure to remove the apparatus would cause undue delay to the construction of the scheduled works, and the removal of the apparatus before the provision of alternative apparatus in accordance with this paragraph would not substantially prejudice the ability of the undertakers to meet any relevant service obligations, that apparatus may be removed (or required by the nominated undertaker to be removed) under this Part before any necessary alternative apparatus has been constructed or is in operation to the reasonable satisfaction of the undertakers. In this paragraph “"appropriate Ministers”” means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy Security and Net Zero. the nominated undertaker for the purpose of constructing any work authorised by this Act in, on or under any land, requires the removal of any apparatus placed in that land, and gives the undertakers not less than 28 days' written notice of that requirement, together with a plan of the proposed work, and of the proposed position of the alternative apparatus to be provided or constructed, or in consequence of the exercise of any of the powers of this Act, the undertakers reasonably require to remove any apparatus. Where it is reasonably practicable to do so, the nominated undertaker or the Secretary of State must afford the undertakers the requisite facilities and rights for the construction of any necessary alternative apparatus in other land which is available for the purpose and which is held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which either of them has sufficient rights or interests and subsequently for the maintenance, repair, renewal and inspection of such apparatus. Sub-paragraph (4) applies where facilities and rights required for the construction of apparatus under sub-paragraph (2) are to be afforded elsewhere than in such other land and neither the nominated undertaker nor the Secretary of State is able to afford such facilities and rights. The undertakers must, on receipt of a written notice from the nominated undertaker that this sub-paragraph applies, as soon as reasonably possible use their best endeavours to obtain the necessary facilities and rights; and neither the nominated undertaker nor the Secretary of State is obliged to provide such facilities and rights in the other land. Any alternative apparatus to be constructed by the undertakers in pursuance of paragraph 20 in land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, or in which the undertakers have obtained the necessary facilities and rights, must be constructed in such manner, and in such line or situation and in accordance with such programme, as is— agreed between the undertakers and the nominated undertaker with a view to securing, among other things, the efficient implementation of the necessary work, the avoidance of unnecessary delay and the continued fulfilment by the undertakers of their service obligations to a standard no less than that achieved prior to the removal of the apparatus which the alternative apparatus replaces, or in default of agreement, determined in accordance with paragraph 31. If the undertakers fail to comply with an agreement made under sub-paragraph (1), or with a determination under paragraph 31, they must compensate the nominated undertaker in respect of any loss or damage directly resulting from the failure, other than loss or damage arising from matters outside the reasonable control of the undertakers or loss of, or arising from delayed receipt of, operating revenue due to delayed opening of Phase One of High Speed 2. the manner of construction and the line and situation of any necessary alternative apparatus have been agreed or determined as provided under paragraph 21, and any such facilities and rights as are referred to in paragraph 20 have been granted to or obtained by the undertakers, or an undertaking has been given that such facilities or rights will be granted. The undertakers must proceed with all reasonable despatch to— construct and bring into operation the alternative apparatus, and remove any apparatus required by the nominated undertaker to be removed under the provisions of this Part. If the undertakers fail to comply with sub-paragraph (2)(b), the nominated undertaker may remove the apparatus. Following the removal of apparatus under the provisions of this Part, or its abandonment, any rights of the undertakers relating to that apparatus in or over the land in which it was or is situated are extinguished and all responsibility of the undertakers for any apparatus which is abandoned is to cease. This paragraph applies where the nominated undertaker gives notice to the undertakers that it desires to carry out any part of so much of the work necessary in connection with the construction of the alternative apparatus, or the removal of the apparatus required to be removed, as is or will be situated in any lands— held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act, or held by the Secretary of State. Such work, instead of being carried out by the undertakers, must be carried out by the nominated undertaker— in accordance with plans and specifications and in a position agreed between the undertakers and the nominated undertaker, or, in default of agreement, determined in accordance with paragraph 31, and with all reasonable despatch under the superintendence (if given) and to the reasonable satisfaction of the undertakers. Nothing in this paragraph authorises the nominated undertaker to carry out any connection to or disconnection of any existing apparatus or to carry out any works associated with a connection or disconnection within 600 millimetres of the point of connection or disconnection. This paragraph applies where, in accordance with the provisions of this Part, the nominated undertaker or the Secretary of State affords to the undertakers facilities and rights for the construction, maintenance, repair, renewal and inspection of alternative apparatus on land— Those facilities and rights must be granted upon such terms and conditions as may be— agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the undertakers, or In determining such terms and conditions in respect of alternative apparatus, a person making a determination under paragraph 31 must have regard to any template provisions issued by the appropriate Ministers and determined in accordance with sub-paragraph (4); and must— give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of the works authorised by this Act and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same, and have regard to the undertakers' ability to fulfil their service obligations. For the purposes of determining the matters under sub-paragraph (3) the appropriate Ministers must consult the undertakers to which paragraph 24 may apply on the form of the proposed template provisions, and any objections to the form of those provisions which have not been resolved within six months after this Act comes into force must be referred to an independent person acting as an expert appointed to make a final determination as to the form of the template provisions. The independent person making a determination under sub-paragraph (4) is to be appointed by the President of the Royal Institution of Chartered Surveyors and in making that determination that person must have regard to the matters specified in sub-paragraph (3)(a) and (b). If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are more or less favourable on the whole to the undertakers than the facilities, rights, terms and conditions applying to the apparatus to be removed, compensation must be paid to or by the nominated undertaker or the Secretary of State to or by the undertakers in respect of the difference as is reasonable having regard to all the circumstances of the case. In this paragraph “"the appropriate Ministers”” means the Secretary of State for Transport acting jointly with the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy Security and Net Zero. Not less than 28 days before commencing to construct any work authorised by this Act which is near to, or will or may affect, any apparatus the removal of which has not been required by the nominated undertaker under paragraph 20, the nominated undertaker must submit to the undertakers a plan and description of the work and of any protective measures which the nominated undertaker proposes to take in respect of that apparatus, together with a specification of such measures where appropriate. The work must be constructed only in accordance with the plan and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made by the undertakers for the alteration or otherwise for the protection of the apparatus or for securing access to the apparatus, and the undertakers are to be entitled by their officer to watch and inspect the construction of the work. If the undertakers within 14 days after the submission to them of any such plan and description, in consequence of the works proposed by the nominated undertaker, reasonably require the removal of any apparatus and give written notice to the nominated undertaker of that requirement, this Part has effect as if the removal of such apparatus had been required by the nominated undertaker under paragraph 20. Nothing in sub-paragraphs (1) to (3) precludes the nominated undertaker from submitting at any time, or from time to time, but in no case less than 28 days before commencing the construction of the work, a new plan and description of it in lieu of the plan and description previously submitted, and having done so the provisions of those sub-paragraphs apply to and in respect of the new plan and description. The nominated undertaker is not required to comply with sub-paragraphs (1) to (3) in a case of emergency but in such a case it must give notice to the undertakers as soon as reasonably practicable and a plan and description of those works as soon as reasonably practicable subsequently, and must comply with those sub-paragraphs so far as reasonably practicable in the circumstances. If in consequence of the exercise of the powers of this Act the access to any apparatus is materially obstructed the nominated undertaker must, so far as reasonably practicable, provide alternative means of access to such apparatus which is no less convenient than the access enjoyed by the undertakers prior to the obstruction. The nominated undertaker must, so far as is reasonably practicable, so exercise its powers under paragraphs 2 to 6 of Schedule 2 as not to obstruct or render less convenient the access to any apparatus. Notwithstanding the temporary stopping up or diversion of any highway under paragraph 6 of Schedule 4, the undertakers may do all such works and things in any such highway as may be reasonably necessary to enable them to inspect, repair, maintain, renew, remove or use any apparatus which at the time of the stopping up or diversion was in that highway. Where, in consequence of this Act, any part of any highway in which any apparatus is situate ceases to be part of a highway, the undertakers may exercise the same rights of access to such apparatus as they enjoyed immediately before the passing of this Act, but nothing in this paragraph is to affect any right of the nominated undertaker or of the undertakers to require removal of that apparatus under this Part or the power of the nominated undertaker to construct works in accordance with paragraph 25.

Subject to the following provisions of this paragraph, the nominated undertaker must repay to the undertakers the reasonable expenses incurred by the undertakers in, or in connection with— the removal and relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus under any provision of this Part, the cutting off of any apparatus from any other apparatus in consequence of the exercise by the nominated undertaker of any power under this Act, and any other work or thing rendered reasonably necessary in consequence of the exercise by the nominated undertaker of any such power. The value of any apparatus removed under the provisions of this Part is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal. Sub-paragraph (4) applies where, in pursuance of the provisions of this Part— alternative apparatus of better type, or greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions, except where this has been solely due to using the nearest currently available type, or apparatus (whether existing apparatus or alternative apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated. If the placing of apparatus of that type or capacity or of those dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker or, in default of agreement, is not determined to be necessary in accordance with paragraph 31, then, if it involves cost in the construction of works under paragraph 23 exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertakers by virtue of sub-paragraph (1) is to be reduced by the amount of that excess For the purposes of sub-paragraphs (3) and (4)— an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended serves a purpose (either additional to or instead of that served by the existing apparatus) which was not served by the existing apparatus, and where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined. An amount which apart from this sub-paragraph would be payable to the undertakers in respect of works by virtue of this paragraph must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven and a half years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus or of the system of which it forms part in the ordinary course, be reduced by the amount which represents that benefit. In any case where work is carried out by the nominated undertaker pursuant to paragraph 23 and, if such work had been carried out by the undertakers, the repayment made to the undertakers under this paragraph would fall to be reduced pursuant to sub-paragraphs (3) to (6), the undertakers must pay to the nominated undertaker such sum as represents the amount of that reduction. This paragraph applies where, by reason of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or there is any interruption in any service provided by any of the undertakers Subject to sub-paragraphs (3) and (4), the nominated undertaker must— bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply make reasonable compensation to the undertakers for loss sustained by them by reason of any such damage or interruption, and indemnify the undertakers against claims, demands, proceedings, and damages which may be made or taken against, or recovered from the undertakers by reason of any such damage or interruption. Nothing in sub-paragraph (2) is to impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents. The undertakers must give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand must be made without the consent of the nominated undertaker which, if it withholds such consent, must have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. In any case where Network Rail Infrastructure Limited (“Network Rail“) is the nominated undertaker the provisions of this Part have effect subject to any existing agreement between Network Rail and an undertaker relating to apparatus laid or erected on land belonging to Network Rail. Any dispute arising between the nominated undertaker and the undertakers under this Part is to be determined by arbitration if— but otherwise is to be determined by a person appointed by the appropriate Ministers. Any person appointed by the appropriate Ministers under sub-paragraph (1) must, in determining any dispute arising under this Part, have regard to such matters as may be specified by the appropriate Ministers on making the appointment. The costs and fees of the person determining the dispute and the costs of the parties to the dispute are to be allocated between the parties as that person may direct. In this paragraph “"the appropriate Ministers”” means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy and Climate Change. The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and an operator of an electronic communications code network. “"alternative apparatus”” means apparatus provided in replacement of electronic communications apparatus in connection with the construction of the authorised works; “"the appropriate Ministers”” means the Secretary of State for Transport and the Secretary of State for Science, Innovation and Technology acting jointly; “"the authorised works”” means the works authorised by this Act; “"construction”” includes installation (and “"construct”” is to be construed accordingly); “"electronic communications code”” means the electronic communications code contained in Schedule 3A to the Communications Act 2003; ““operator””, ““electronic communications apparatus””, and ““electronic communications code network”” have the meanings given by paragraph 1(1) of Schedule 17 to the Communications Act 2003. Subject to sub-paragraph (2), Part 10 of the electronic communications code applies for the purposes of the authorised works. Parts 6 and 10 of the electronic communications code do not apply for the purposes of the authorised works— insofar as such works are regulated by the New Roads and Street Works Act 1991 or any regulation made under that Act, where the nominated undertaker exercises a right under subsection (4)(b) of section 272 of the Town and Country Planning Act 1990 or under an order made under that section to remove electronic communications apparatus, or in respect of any matter regulated by sub-paragraphs (3) to (8) of paragraph 35. The temporary stopping up or diversion of any highway under paragraph 6 of Schedule 4 does not affect any right of an operator under Part 8 of the electronic communications code in respect of any apparatus which at the time of the stopping up or diversion is in the highway. Where a highway is stopped up under paragraph 2 or 3 of Schedule 4, any operator of an electronic communications code network whose electronic communications apparatus is under, over, in, on, along or across that highway may exercise the same rights of access in order to inspect, maintain, adjust, repair or alter that apparatus as if this Act had not been passed, but this is subject to sub-paragraph (2). Nothing in sub-paragraph (1) affects any right of the nominated undertaker or the operator to require removal of that apparatus under this Part or the power of the nominated undertaker to alter or remove apparatus in accordance with paragraph 23 of the electronic communications code. The nominated undertaker must give not less than 28 days' notice of its intention to stop up any highway under paragraph 2 or 3 of Schedule 4 to any operator of an electronic communications code network whose apparatus is under, over, in, on, along or across the highway. Where a notice under sub-paragraph (3) has been given, the operator, if it reasonably considers that it is necessary for the safe and efficient operation and maintenance of the apparatus, may, and if reasonably requested so to do by the nominated undertaker in the notice, must, as soon as reasonably practicable after the service of the notice— remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the operator may reasonably determine and have power to place it, or provide other apparatus in substitution for the existing apparatus and place it in such other position as described in paragraph (a). Subject to the following provisions of this paragraph the nominated undertaker must pay to any operator of an electronic communications code network an amount equal to the cost reasonably incurred by the operator in or in connection with— the execution of relocation works required in consequence of the stopping up of the highway, and the doing of any other work or thing rendered necessary by the execution of relocation works. Sub-paragraph (7) applies where— in the course of the execution of relocation works under sub-paragraph (4)— apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions, except where this has been solely due to using the nearest currently available type, capacity or dimension, or apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which existing apparatus was, and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the nominated undertaker, or, in default of agreement, is not determined to be necessary in consequence of the construction of the authorised works in order to ensure the continued efficient operation of the electronic communications code network of the operator. If the execution of the relocation works involves cost exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the operator by virtue of sub-paragraph (5) is to be reduced by the amount of that excess. For the purposes of sub-paragraphs (6) and (7)— an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus except in a case where the apparatus as so extended provides more than an equivalent service, and where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole (in either case of such type, capacity and dimensions as is reasonably appropriate) is to be treated as if it also had been agreed or had been so determined. The amount which apart from this sub-paragraph would be payable to an operator in respect of works by virtue of sub-paragraph (5) (and having regard, where it applies, to sub-paragraph (7)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than seven and a half years earlier so as to confer on the operator any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. Sub-paragraphs (5) to (9) do not apply where the authorised works constitute major transport works or major highway works for the purpose of Part 3 of the New Roads and Street Works Act 1991 (including that provision as applied by paragraph 8 of Schedule 4 to this Act), but instead— the allowable costs of any relocation works are to be determined in accordance with section 85 of that Act (sharing of costs of necessary measures) and any regulations for the time being having effect under that section, and the allowable costs are to be borne by the nominated undertaker and the operator in such proportions as may be prescribed by any such regulations. Where the nominated undertaker or the Secretary of State affords to an operator facilities and rights for the construction, maintenance, repair, renewal and inspection of alternative apparatus on land held or used, or intended for use, by the nominated undertaker for the purposes of its undertaking under this Act or held by the Secretary of State, those facilities and rights must be granted upon such terms and conditions as may be agreed between the nominated undertaker or, as the case may be, the Secretary of State, and the operator or, in default of agreement, determined in accordance with paragraph 39. In determining such terms and conditions, a person making a determination under paragraph 39 must have regard to any template provisions issued by the appropriate Ministers and determined in accordance with sub-paragraph (3); and must— give effect to all reasonable requirements of the nominated undertaker for ensuring the safety and efficient operation of the authorised works and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of the nominated undertaker or the use of the same; and have regard to the operator's ability to fulfil its service obligations. For the purposes of determining the matters under sub-paragraph (2) the appropriate Ministers must consult the operators to which paragraph 36 may apply on the form of the proposed template provisions, and any objections to the form of those provisions which have not been resolved within six months after this Act comes into force must be referred to an independent person acting as an expert appointed to make a final determination as to the form of the template provisions. The independent person making a determination under sub-paragraph (3) is to be appointed by the President of the Royal Institution of Chartered Surveyors and in making that determination that person must have regard to the matters specified in sub-paragraph (2)(a) and (b). If the facilities and rights to be afforded by the nominated undertaker or the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted are more or less favourable on the whole to the operator than the facilities, rights, terms and conditions applying to the apparatus to be removed, compensation must be paid to or by the nominated undertaker or the Secretary of State to or by the operator in respect of the difference as is reasonable having regard to all the circumstances of the case. Sub-paragraph (2) applies where, by reason of the construction of the authorised works or any subsidence resulting from any of those works— damage is caused to any electronic communications apparatus, other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works, damage is caused to property of the operator of an electronic communications code network, or there is any interruption in the supply of the service provided by the operator. bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply, make reasonable compensation to the operator for loss sustained by it, and indemnify the operator against all claims, demands, proceedings, or damages which may be made or taken against, or recovered from, the operator, by reason of any such damage or interruption. But this is subject to sub-paragraphs (3) to (5). Sub-paragraph (2) does not apply in connection with any apparatus in respect of which the relations between the nominated undertaker and the operator are regulated by the provisions of Part 3 of the New Roads and Street Works Act 1991. Nothing in sub-paragraph (2) is to impose any liability on the nominated undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of the operator, its officers, servants, contractors or agents. The operator must give the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the nominated undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. This paragraph applies instead of paragraph 14 of Schedule 2 in relation to the exercise of the powers of paragraphs 2 to 6 of that Schedule. In any case where Network Rail Infrastructure Limited (“Network Rail“) is the nominated undertaker the provisions of this Part have effect subject to any existing agreement between Network Rail and an operator relating to apparatus laid or erected on land belonging to Network Rail. Any dispute arising between the nominated undertaker and an operator under this Part is to be determined by arbitration if— but is otherwise to be determined by a person appointed by the appropriate Ministers. The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker, or the Secretary of State as the case may be, and Canal & River Trust. “"the canal”” means any canal or waterway owned or managed by Canal & River Trust, and includes any works connected therewith for the maintenance of which Canal & River Trust is responsible and any lands held or used by Canal & River Trust for the purposes of the canal including the towpath beside a canal or waterway; “"construction”” includes execution, placing, altering, replacing and relaying and includes removal; “"plans”” includes sections, drawings, specifications and method statements; “"specified work”” means so much of any permanent or temporary work authorised by this Act as is in, across, under, or within 15 metres of, or may in any way affect, the canal. The Secretary of State must not under the powers under section 4(1) acquire compulsorily any land of Canal & River Trust or any easement or other right over such land other than such land, or easements or other rights, as is reasonably necessary for, or in connection with, the construction, maintenance or operation of works authorised by this Act having regard also to the statutory duties of Canal & River Trust. Before beginning to construct any specified work, the nominated undertaker must submit to Canal & River Trust plans of the work and such further particulars available to it as Canal & River Trust may within 14 days of the submission of the plans reasonably require. Any specified work must not be constructed except in accordance with such plans as may be approved in writing by Canal & River Trust or determined under paragraph 50. Any approval of Canal & River Trust required under this paragraph must not be unreasonably withheld and— is to be deemed to have been given if it is neither given nor refused (with an indication of the grounds for refusal) within 28 days of the submission of the plans for approval or where further particulars are submitted under paragraph 42(1), within 28 days of the submission of those particulars; and may be given subject to such reasonable requirements as Canal & River Trust may make for the purpose of ensuring the safety or stability of the canal, including requirements as to the construction of protective works. Any specified work, and any protective works required by Canal & River Trust under paragraph 42(3)(b), must be constructed with all reasonable despatch to the reasonable satisfaction of Canal & River Trust, and in such manner as to cause as little damage to the canal as may be reasonably practicable and as little interference as may be reasonably practicable with the passage of vessels using the canal and use of the towpath, and Canal & River Trust is to be entitled by its officer at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect the construction of such work or works. The nominated undertaker must give to Canal & River Trust not less than 28 days' notice of its intention to commence construction of any specified work or any protective works and also, except in emergency (when the nominated undertaker is to give such notice as may be reasonably practicable), of its intention to carry out any works for the repair or maintenance of any specified work insofar as such works of repair or maintenance affect or interfere with the canal. The nominated undertaker must not deposit any polluting material on, in or over the canal and must not without the consent of Canal & River Trust— deposit any other materials on, in or over the canal (other than materials comprised in a specified work); or notwithstanding anything in this Act, discharge any water directly or indirectly into the canal. Any consent of Canal & River Trust required under this paragraph is not to be unreasonably withheld and— is to be deemed to have been given if it is neither given nor refused within 28 days of the submission of the request for it; and may be given subject to such reasonable requirements as Canal & River Trust may make— in the case of a deposit, so as to ensure that the use of the canal is not obstructed or rendered less safe, and in the case of a discharge, concerning the reimbursement by the nominated undertaker of expenses incurred by Canal & River Trust in disposing of the water so discharged, being expenses which Canal & River Trust would not have incurred but for the discharge. In its application to the discharge of water into the canal, paragraph 8(5) of Schedule 2 has effect subject to the terms of any conditions attached to the consent under paragraph 44(2) and, where such discharge includes a deposit to which consent has been given under paragraph 44(1), to any conditions attached to that consent. If as a result of the construction of any specified work any part of the towpath or access way beside the canal, or any public right of way giving access to that path or way, is temporarily closed to pedestrians or cyclists and there is no way which provides a reasonable alternative, the nominated undertaker must, so far as reasonably practicable and to the extent that it is consistent with safety, provide a substitute path or paths for such time as the closure continues. This paragraph is without prejudice to the requirements of paragraph 6(2) or (5) of Schedule 4. If any canal work is abandoned, Canal & River Trust may by notice require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as Canal & River Trust reasonably requires) to restore the site to its former condition. If any canal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation, Canal & River Trust may by notice require the nominated undertaker to take such reasonable steps as may be specified in the notice— to repair and restore the work or part of it, or if the nominated undertaker so elects, to remove the work and (to such extent as Canal & River Trust reasonably requires) to restore the site to its former condition. a work which consists of a canal work and a non-canal work is abandoned or falls into decay; and the non-canal work is in such a condition as to interfere with the right of navigation in the relevant canal or as to interfere with the rights of access or use of land adjacent to the relevant canal, Canal & River Trust may include the non-canal work, or any part of it, in any notice under this paragraph. If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, Canal & River Trust may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the nominated undertaker. In this paragraph “"canal work”” means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is in or over a canal owned or managed by Canal & River Trust and “"non-canal work”” means so much of any such work as is not in or over a canal. The nominated undertaker must indemnify Canal & River Trust from all claims, demands, proceedings or damages, which may be made or given against, or recovered from Canal & River Trust by reason of any damage to the canal which is caused by the construction of any specified work or protective work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work and from any costs reasonably incurred in making good such damage. Canal & River Trust must give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the nominated undertaker which, if it notifies Canal & River Trust that it desires to do so, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. Nothing in paragraph 48 is to impose any liability on the nominated undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of Canal & River Trust, its officers, servants, contractors or agents. But the fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by Canal & River Trust, or to its satisfaction, or in accordance with a determination under paragraph 50, does not (in the absence of negligence on the part of Canal & River Trust, its officers, servants, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part. Any dispute arising between the nominated undertaker and Canal & River Trust under this Part of this Schedule is to be determined by arbitration if— but must otherwise be determined by a person appointed by the appropriate Ministers. In this paragraph, the reference to the appropriate Ministers is to the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs acting jointly. The following provisions of this Part have effect, unless otherwise agreed in writing between the nominated undertaker and the drainage authority concerned. “"the Agency”” means the Environment Agency; “"a category 1 specified work”” means so much of any permanent or temporary work or operation authorised by this Act (which includes, for the avoidance of doubt, any dredging and any geotechnical investigations that may be undertaken) as is likely to— affect any drainage work which is or includes a main river or the volumetric rate of flow of water in or flowing to or from any main river, affect the flow, purity or quality of water in any main river or other surface waters or ground water, or affect the conservation, distribution or use of water resources; “"a category 2 specified work”” means any of the following— erecting any mill dam, weir or other like obstruction to the flow of any ordinary watercourse, or raising or otherwise altering any such obstruction, erecting a culvert in an ordinary watercourse, altering a culvert in a manner that would be likely to affect the flow of an ordinary watercourse, or altering, removing or replacing a structure or feature designated by a local drainage authority under Schedule 1 to the Flood and Water Management Act 2010; “"construction”” includes execution, placing, altering, replacing, relaying and removal and ““construct”” and ““constructed”” are construed accordingly; “"the drainage authority”” means— in relation to a category 1 specified work, the Agency; in relation to a category 2 specified work, the drainage board concerned within the meaning of section 23 of the Land Drainage Act 1991; “"drainage work”” means any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring, and includes land which provides or is to provide flood storage capacity for any watercourse; “"fishery”” means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish; “"local drainage authority”” means a drainage authority other than the Agency; ““a main river”” and ““ordinary watercourse”” have the meanings given by respectively the Water Resources Act 1991 and the Land Drainage Act 1991; “"watercourse”” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer as defined by the Water Industry Act 1991. Where any approval is required under this Part from a local drainage authority, that authority must— have regard, in imposing any conditions or requirements, to any model conditions issued by the Agency (following consultation with the other drainage authorities and the nominated undertaker); consult the Agency in any case where it proposes to impose conditions or requirements, or to refuse approval, and must specifically seek the Agency's advice concerning any proposal to depart from the model conditions; provide the nominated undertaker with reasons and supporting evidence in any case where it gives a decision which does not accord with the view or advice of the Agency given in response to consultation under paragraph (b). Before beginning to construct any specified work, the nominated undertaker must submit to the drainage authority plans of the work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require. Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority, or determined under paragraph 61. Any approval of the drainage authority required under this paragraph— must not be unreasonably withheld, is to be deemed to have been given if it is neither given nor refused within 56 days of the submission of the plans for approval or where further particulars are submitted under sub-paragraph (1), within 56 days of the submission of those particulars, and may be given subject to such reasonable requirements or conditions as the drainage authority may make for the protection of any drainage work or fishery or for the protection of water resources, or for the prevention of flooding or pollution or in the discharge of its statutory environmental duties. The requirements which the drainage authority may make under paragraph 52 include conditions requiring the nominated undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary— to safeguard any drainage work against damage, or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of the specified work. Any specified work, and all protective works required by the drainage authority under paragraph 52, must be constructed to the reasonable satisfaction of the drainage authority and an officer of the drainage authority is entitled on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works. The nominated undertaker must give to the drainage authority not less than 14 days' notice of its intention to commence construction of any specified work and notice of its completion not later than 7 days after the date on which it is brought into use. If any part of the works comprising a structure in, over or under a watercourse is constructed otherwise than in accordance with the requirements of this Part, the drainage authority may by notice require the nominated undertaker at the nominated undertaker's own expense to comply with the requirements of this Part or (if the nominated undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires. Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the nominated undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the nominated undertaker. In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not, except in an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined. Subject to sub-paragraph (5) the nominated undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the nominated undertaker for the purposes or in connection with the specified works, whether the drainage work is constructed under this Act or is already in existence. If any such drainage work is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice require the nominated undertaker to repair and restore the work, or any part of it, or (if the nominated undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the drainage work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires. If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the nominated undertaker, the nominated undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the nominated undertaker. In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers of sub-paragraph (3) until the dispute has been finally determined. This paragraph does not apply to— drainage works which are vested in the drainage authority, or which the drainage authority or another person is under an obligation to maintain and is not prescribed by the powers of the Act from doing so; any obstruction of a drainage work for the purpose of a work or operation authorised by the Act and carried out in accordance with the provisions of this Part. If by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes is impaired, or that work is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by the nominated undertaker to the reasonable satisfaction of the drainage authority and if the nominated undertaker fails to do so, the drainage authority may make good the same and recover from the nominated undertaker the expense reasonably incurred by it in doing so. In any case where immediate action by the drainage authority is reasonably required in order to secure that the imminent flood risk is avoided or reduced, the drainage authority may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the drainage authority has taken, or commenced to take, the steps specified in the notice. Nothing in paragraphs 54, 55 or 56 authorises the drainage authority to execute works on or affecting an operational railway without the prior consent in writing of the nominated undertaker, such consent not to be unreasonably withheld. The nominated undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any fishery during the construction of any specified work. If by reason of— the construction of any specified work, or the failure of any such work, damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the nominated undertaker requiring it to take such steps as may be reasonably practicable to make good the damage or, as the case may be, to protect the fishery against such damage. If, within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the nominated undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and may recover from the nominated undertaker the expense reasonably incurred by it in doing so. In any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to a fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the nominated undertaker the reasonable cost of so doing provided that notice specifying those steps is served on the nominated undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice. The nominated undertaker must indemnify the drainage authority from all claims, demands, proceedings or damages, which may be made or taken against, or recovered from the drainage authority by reason of— any damage to any drainage work so as to impair its efficiency for flood defence purposes, any damage to a fishery, any raising or lowering of the water table in land adjoining the works authorised by this Act or adjoining any sewers, drains and watercourses, or any flooding or increased flooding of any such lands, which is caused by, or results from, the construction of any specified work or any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon the work. The drainage authority must give to the nominated undertaker reasonable notice of any such claim or demand and no settlement or compromise of any such claim or demand is to be made without the consent of the nominated undertaker which, if it withholds such consent, is to have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand. Nothing in paragraph 58 requires the nominated undertaker to indemnify the drainage authority in respect of any claim, demand, proceedings or damages which the drainage authority could reasonably make, take against or recover from any other person. The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any determination under paragraph 51, does not (in the absence of negligence on the part of the drainage authority, its officers, contractors or agents) relieve the nominated undertaker from any liability under the provisions of this Part. Any dispute arising between the nominated undertaker and the drainage authority under this Part is to be determined by arbitration. Sch. 14 para. 1 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 2 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 3 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 6 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 9 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 10 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 4 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 5 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 7 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 14 para. 8 in force at 24.2.2017 by S.I. 2017/209, reg. 2 S. 11 in force at 24.2.2017 by S.I. 2017/209, reg. 2 Sch. 10 omitted (24.2.2017) by virtue of High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 10; S.I. 2017/209, reg. 2 S. 6 repealed (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 1; S.I. 2017/209, reg. 2 S. 7(2)(a)-(c) substituted for s. 7(2)(a)(b) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 2; S.I. 2017/209, reg. 2 S. 8(2)(a)-(c) substituted for s. 8(2)(a)(b) (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 3; S.I. 2017/209, reg. 2 S. 49(4)(b) omitted (24.2.2017) by virtue of High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 4(a); S.I. 2017/209, reg. 2 Word in s. 49(5) omitted (24.2.2017) by virtue of High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 4(b); S.I. 2017/209, reg. 2 Sch. 6 para. 2(3A) inserted (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 5(3); S.I. 2017/209, reg. 2 Sch. 6 para. 2(4A) inserted (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 5(4); S.I. 2017/209, reg. 2 Sch. 6 para. 2(3) substituted (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 5(2); S.I. 2017/209, reg. 2 Sch. 6 para. 2(5) omitted (24.2.2017) by virtue of High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 5(5); S.I. 2017/209, reg. 2 Sch. 6 para. 3 substituted (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 6 (with Sch. 14 para. 7); S.I. 2017/209, reg. 2 Sch. 9 para. 2(8A) inserted (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 8(3); S.I. 2017/209, reg. 2 Sch. 9 para. 2(4) omitted (24.2.2017) by virtue of High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 8(2); S.I. 2017/209, reg. 2 Sch. 9 para. 2(10) omitted (24.2.2017) by virtue of High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 8(5); S.I. 2017/209, reg. 2 Sch. 9 para. 4(7) substituted (24.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(2), Sch. 14 para. 9; S.I. 2017/209, reg. 2 Words in Sch. 33 para. 32(2) substituted (coming into force in accordance with of the amending S.I.) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 13(2)(a) Words in Sch. 33 para. 33(2) substituted (coming into force in accordance with of the amending S.I.) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 13(2)(b)(ii) Words in Sch. 33 para. 33(1) substituted (coming into force in accordance with of the amending S.I.) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 13(2)(b)(i) Words in Sch. 33 para. 34 substituted (coming into force in accordance with of the amending S.I.) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 (S.I. 2017/1285), reg. 1(1), Sch. 1 para. 13(2)(c) Sch. 4 para. 3(11)(b) substituted (1.4.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 12(2) 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 S. 22(5)-(11) omitted (28.6.2018) by virtue of The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), arts. 1, 26(1)(a) Words in Sch. 1 omitted (28.6.2018) by virtue of The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), arts. 1, 26(1)(b) Words in Sch. 1 substituted (28.6.2018) by The High Speed Rail (London West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 (S.I. 2018/693), arts. 1, 26(2) 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) S. 5(4A) inserted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 5(7), 64(1) S. 49(6A) inserted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 45(10), 64(1) Sch. 9 para. 2(8B) substituted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 9 para. 5 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) Sch. 33 para. 19: functions transferred (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 7(5) (with art. 17) Sch. 33 para. 24:

functions transferred (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 7(5) (with art. 17) Sch. 33 Pt. 3: functions transferred (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 9(5) (with art. 17) Sch. 19 para. 2(4): functions transferred (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 13(6) (with art. 17) Words in Sch. 19 para. 2(4) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 19(2) (with art. 17) Words in Sch. 33 para. 19(4) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 19(3)(a) (with art. 17) Words in Sch. 33 para. 24(7) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 19(3)(b) (with art. 17) Words in Sch. 33 para. 32(2) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 19(3)(c) (with art. 17) Words in s. 64(5) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 12(a) (with art. 7) Words in Sch. 16 para. 5(9) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 12(b) (with art. 7) Words in Sch. 17 para. 30 substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 12(c) (with art. 7)