High Speed Rail (London - West Midlands) Act 2017

Railways Clauses Consolidation Act 1845 (c. 20)

4 (1) 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.

(2) In their application by virtue of sub-paragraph (1)—

(a) section 2 has effect with the substitution for “so incorporated as aforesaid” of “incorporated”;

(b) 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”;

(c) 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);

(d) section 46 has effect with the omission of the words from “of the height” to “in that behalf provided”;

(e) 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”.