Further high speed rail works

49Power to apply Act to further high speed rail works

(1)

A TWA order which relates to a relevant Phase 2a 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.

(2)

The following are “relevant Phase 2a matters”—

(a)

a power exercisable or to be exercisable in connection with the works authorised by this Act,

(b)

an extension of Phase 2a of High Speed 2, and

(c)

any other works carried out or to be carried out for Phase 2a purposes.

(3)

A TWA 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 2a of High Speed 2 included the extension or works.

(4)

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 TWA order in relation to a relevant Phase 2a matter.

(5)

Subsection (1) does not confer power to apply any of the following—

  • section 9(2) and Schedule 13 (extension of time-limit on compulsory acquisition);

  • Schedules 18 and 19 (listed buildings and ancient monuments).

(6)

In this section, “TWA order” means an order under section 1 of the Transport and Works Act 1992.