High Speed Rail (London - West Midlands) Act 2017

Policy background

2. The 2010 Coalition Programme for Government included a commitment to establish a national high speed rail network, and to do so in phases. Following a period of consultation and an appraisal of sustainability, in January 2012 the Secretary of State for Transport presented to Parliament the Command Paper "High Speed Rail: Investing in Britain’s Future- Decisions and Next Steps" (CM 8247) (‘the 2012 Command Paper’). In that paper, the Secretary of State decided to promote a Y-shaped high speed rail network known as "HS2" linking London, the West Midlands, Leeds and Manchester with intermediate stations in the East Midlands and Sheffield.
3. In the 2012 Command Paper the Secretary of State decided upon a detailed route for Phase One of High Speed 2. The Government also announced that it intended to introduce a hybrid Bill for this phase of HS2 by the end of 2013. This would grant the powers required to construct and operate the first phase of HS2, and give Parliament an opportunity to hear representations from affected parties.
4. On 9 July 2013, the Secretary of State for Transport issued statutory safeguarding directions to local planning authorities for the Phase One route. These directions provide that the authorities along the proposed route must consult High Speed Two (HS2) Ltd when a planning application is received for significant development within a zone protected for HS2. The directions give the Secretary of State the ability to refuse or call-in for his determination applications which may conflict with proposed plans for Phase One of High Speed 2. The directions also allow residents living in the safeguarding zone to serve the Secretary of State for Transport with a statutory blight notice if they want him to purchase their property. Further details of the safeguarding directions can be found on the HS2 Ltd website.
5. In addition, the High Speed Rail (Preparation) Act 2013 ("the 2013 Act") authorises the Secretary of State to incur expenditure in preparation for the construction of a high speed rail network. The 2013 Act was intended to ensure that, following enactment of this Act, the development of the proposed network might proceed without delay. The other provisions of the 2013 Act include a power for the Secretary of State to incur expenditure in providing compensation in respect of property likely to be affected by the construction of the proposed network.
6. The Government proposes to commence construction of Phase One of High Speed 2 in 2017. This phase would be completed and operational by 2026. The Government plans to introduce a hybrid Bill providing for Phase 2a, to accelerate the introduction of services to Crewe by 2027, and a further Bill for the rest of Phase Two, with the extension of the network to be open by 2033.
7. Further information about HS2 and high speed rail can be found in the Parliamentary research paper on the subject, which can be accessed at http://www.parliament.uk/briefing-papers/SN00316 .
8. This Act is a hybrid Act. This means it is of general application, but it contains provisions which have a different legal effect on the private interests of particular persons. In procedural terms, this means it was considered as a Public Bill, but was treated as similar to a Private Bill during certain stages of its passage through Parliament. The hybrid Bill procedure gives those persons who are directly and specially affected an opportunity to petition against the Bill and to be heard in Select Committee. This Bill was committed to a Select Committee following a motion in the House of Commons on 29 April 2014. 2,586 petitions against the Bill were received. The Committee started sitting in July 2014 and concluded hearing petitioners in February 2016. The Committee’s Second Special Report, summarising their decisions, can be found at http://www.publications.parliament.uk/pa/cmhs2/129/129.pdf .
9. During the Select Committee stage, five sets of proposed changes to the scheme outlined in the Bill, known as "Additional Provisions", were introduced. These changes were either requested by petitioners or instigated by the Government and mainly consist of changes to the land requirements described in the plans and sections that accompany the Bill, or to the details in its Schedules. The Additional Provisions were accepted by the Select Committee and included in the Bill. A number of changes to the clauses of the Bill were also proposed to the Select Committee, and accepted by them.
10. The Bill was then committed to a Public Bill Committee which sat in March 2016 and made no amendments to the Bill. The Bill passed Report and Third Reading in the House of Commons on 23 March 2016. It passed its First Reading in the House of Lords on the same day after which those directly and specially affected by the scheme could petition against the Bill.
11. In the House of Lords, 822 petitions against the Bill were received. The Committee started sitting in May 2016 and concluded its sittings in December that year, publishing its Special Report on 15 December 2016. The Report can be found here and the Government’s response can be found here. The Committee amended the Bill to delete part of was then in clause 48, and two parcels of land that were to be permanently acquired in the parish of Bickenhill in Solihull. The Committee also accepted Government amendments to correct some mislabellings and other minor errors.
12. The Bill then proceeded to Grand Committee, on 10 and 12 February 2017, where Government amendments consequential on the Housing and Planning Act 2016 were accepted, along with other minor clarifying amendments. At the Report Stage, on 24 January 2017, Government amendments in relation to Traffic Regulation Orders were accepted. The Bill had its Third Reading on 31 January 2017. The amendments made in the House of Lords were accepted by the House of Commons on 20 February 2017.