This Act was authored by Norman Creagh MP, with amendments by Ian Port MP.
Rail Modernisation (England) Act 2019
2019 CHAPTER 17An Act to help improve rail infrastructure across England, to help redress the balances in transport funding between the different regions of the country, and to expand Britain’s rail capabilities.
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:—
1 Preparatory expenditure
- The Secretary of State may, with the approval of the Treasury, incur expenditure in preparation for a new high speed rail network, and the improvement of existing infrastructure.
- The network referred to in subsection (1) is a network which—
- Involves two new High Speed railways
- connects with the existing railway transport network as well as with such other parts of the transport network (including roads, footpaths, cycleways, airports and light railways) as the Secretary of State considers appropriate.
- The High Speed railways mentioned in subsection (2) are –
- HS2, as described in the High Speed Rail (Preparation) Act 2013
- HS3 is a network which involves the construction of lines connecting at least
- Electrification of all currently non-electric lines by 2030, with preference to be given to lines in the Northern Powerhouse region
- Improvements to the Hope Valley line between Sheffield and Manchester, Leeds to Hull and Sheffield to Hull lines to include at least -
- Expansion of capacity
- Modernisation of tracks
- preparation for the construction of any railway line and any other infrastructure proposed to be included at any time in the network referred to in subsection (2), and
- preparation for the provision of services as part of that network.
- on pre-construction activity (such as surveying and design),
- in acquiring property, and
- in providing compensation in respect of property likely to be affected
2 Power to construct and maintain works for Phase Two of High Speed 2
- The nominated undertaker may construct and maintain the following works —
- works for the construction of Phase Two of High Speed 2, and
- works consequent on, or incidental to, such works.
- In this Act “Phase Two of High Speed 2” means the two spurs of the proposed route of HS2, which include —
- A high-speed line from Manchester to Crewe
- A high-speed line from Leeds to a junction with the West Coast Main Line at Handsacre in Staffordshire
3 Temporary postponement of works for Phase One of High Speed 2
- Construction of Phase One of High Speed 2 is to be postponed with immediate effect from the date that this bill passes, until such a time as the construction of Phase Two is complete.
- The Department of Transport will take control of land purchased under the provisions of the High Speed Rail (London – West Midlands) Act 2017 until such a point as construction can begin again.
4 Further provision about works
- 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 has an obligation to —
- 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.
5 Power to acquire land compulsorily
- 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 construction purposes.
- 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.
6 Termination of power to acquire land
- 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).
7 Financial reports
- The Secretary of State must prepare a report on expenditure under section 1 in relation to each financial year.
- Each report must contain details of—
- expenditure incurred under section 1 during the financial year to which the report relates
- the extent to which expenditure incurred under section 1 during that year represents an overspend or underspend as against the budget for such expenditure for the year;
- the likely effect of any such overspend or underspend on a total budget of £150 billion in 2019 prices (which includes construction and the cost of rolling stock);
- total expenditure incurred under section 1 up to the end of that year;
- sums or assets received in that year in connection with expenditure incurred under section 1.
- Each report must also contain an account of the vocational qualifications gained during the financial year by individuals employed by persons appointed under an enactment to carry out activities in connection with preparing for, and constructing, the network referred to in section 1(1).
- In this section, “financial year” means—
- the period beginning with the day on which this Act is passed and ending with 31 March 2020, and
- 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.
- No report is required in relation to a financial year in which there is nothing to record under subsection (3)(a) and (e).
8 Financial provision
- 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.
- Parliament shall, under the authority of the Ministry of Transport in conjunction and communication with the rest of government and entities overseeing this project, procure funds through—
- an increase in taxes or cuts to other Parliament expenditures of at least £80 billion saved or gained, done in connection with general budget of the country through Parliament;
- closing unintended tax incentives and loopholes as necessary;
- loans for the remaining portion of the budget or over-expenditures which total no more than £40 billion;
- and through maintenance of unspent budgets by the Ministry of Transport.
9 Extent, commencement, and short title
- This Act may be cited as the Rail Modernisation (England) Act 2019.
- This Act comes into force upon receiving Royal Assent.
- This Act forms part of the law of England and Wales.
- Section 6 (Termination of power to acquire land) applies to England.