Question proposed, That the clause stand part of the Bill.

Clause 39 has the effect of removing the need for an operating licence under section 6(1) of the Railways Act 1993 for the HS2 infrastructure or train operator when the line is being tested prior to opening in 2026. The exemption means that the testing of phase 1 of HS2 will have the benefit of the defence against nuisance provided by the 1993 Act. During that period, the railway will not have commercial services and therefore there would be no cost, income, services or passenger elements to regulate.

Question put and agreed to.

Clause 39 accordingly ordered to stand part of the Bill.

Clause 40