Commentary on provisions of the Act Further high speed rail works Section 53: Power to apply Act to further high speed rail works
Section 53 makes provision to facilitate authorisation of further adjustments or minor extensions of Phase One by means of an order under the Transport and Works Act 1992 ("TWA Order").
	Subsections (1) to (3) provide that a TWA order which relates to "a relevant Phase One matter" may apply any provision of the Act, with or without modifications, to anything authorised by the order. A relevant Phase One matter is defined by subsection (2) and includes works to be carried out for Phase One purposes. This could, for example, include provision for an additional work site or an additional facility outside the Act limits. So if any adjustment to the Phase One works were found to be needed, the TWA order authorising an additional or modified work could provide for the same planning regime under the Act to apply to it (so that the additional or modified work is treated in the same way as the works authorised under the Act).
	Subsection (4) disapplies section 13(2) of the Transport and Works Act 1992, which gives the Secretary of State a discretion not to make a TWA order if the objects of the order sought could be achieved by other means. This provides certainty that in appropriate cases powers can be sought for the diversion of utilities by a TWA order notwithstanding that other statutory means may be available under which the powers could be sought.
	Subsection (5) provides that a TWA order cannot apply the provisions in the Act which enable the Secretary of State to extend the time limit for the exercise of compulsory purchase powers or which modify legislation relating to listed buildings or ancient monuments.