High Speed Rail (London - West Midlands) Act 2017

54 Rights of entry for further high speed rail works

(1) 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—

(a) surveying the land, or

(b) facilitating compliance with EU environmental protection legislation.

(2) A person is authorised for the purposes of subsection (1)—

(a) 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);

(b) in the case of any other land, if the person is authorised in writing by the Secretary of State.

(3) A person may only issue a warrant or give authorisation under subsection (2) if it appears to the person that—

(a) entry to the land for the purpose proposed is genuinely needed for purposes relating to the construction of the high speed railway line, and

(b) all reasonable attempts have been made to obtain consent to enter the land.

(4) 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.

(5) A right to enter land under subsection (1) includes power—

(a) to take samples of anything in or on the land for the purpose for which the right of entry is exercised,

(b) to take on to the land such other persons as may be necessary, and

(c) to take vehicles and equipment on to the land.

(6) A right to enter land under subsection (1)(a) also includes power—

(a) 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

(b) to place on, leave on and remove apparatus from the land.

(7) In this section—

• “EU environmental protection legislation” means any EU instrument relating to—

  (a)

  the conservation of habitats, flora and fauna, or

  (b)

  the assessment of the effects of projects on the environment;

• “residential land” means so much of any land as consists of—

  (a)

  a dwelling or part of a dwelling,

  (b)

  a garden, yard, private garage or outbuilding which is used and enjoyed wholly or mainly with a dwelling, or

  (c)

  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.

(8) 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.

(9) For the purposes of subsection (1), distance is to be measured from the centre line of the proposed route.

(10) The Secretary of State may by order made by statutory instrument—

(a) amend subsection (1) so as to substitute a different distance for the distance specified in it;

(b) provide, in relation to any class of case, that subsection (1) is to have effect as if a different distance were specified in it.

(11) 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.

(12) 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.

(13) 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.