- a transfer of responsibility
means the expiry or termination of the Concession or the coming into operation of a new Concession (as the case may be);
- A20
means the road from Ashford to Folkestone so classified;
- alternative apparatus
means alternative apparatus adequate to enable the undertakers to fulfil their statutory functions in a manner not less efficient than previously;
- apparatus
means— (a) in the case of electricity undertakers, electric lines and works (as respectively defined in the Electric Lighting Act 1882) belonging to, or maintained by, those undertakers;
- appropriate consultation
means—
- authorised development
means development to which the planning permission deemed by section 9(1) of this Act to have been granted under Part III of the Act of 1971 relates;
- B2065
means the road from Hythe to Bishopsbourne so classified.
- bridleway
has the same meaning as in the Highways Act 1980;
- British company
means a company formed and registered under the Companies Act 2006;
- building
includes any bridge, aqueduct, pier, mast or dam or fence, wall or other means of enclosure;
- channel tunnel premises
means premises comprised in the tunnel system within the meaning of the Channel Tunnel Act 1987;
- company
means a British company or a French company;
- Concession agreement
means any agreement or arrangement which for the time being constitutes, or is included among the agreements or arrangements which together for the time being constitute, the Concession.
- Concession lease
means any lease granted by the Secretary of State to the Concessionaires in pursuance of the Concession, and references to a Concession lease include any provisions of a Concession agreement providing for the grant of a lease of any land by the Secretary of State to the Concessionaires.
- Concessionaires
has the same meaning as in that Act;
- controls
means prohibitions, restrictions or requirements of any description, and any reference to the exercise of controls is a reference to the exercise or performance of any functions conferred or imposed by any enactment, or otherwise under any lawful authority, for or in connection with the enforcement of prohibitions, restrictions or requirements of any description.
- customs officer
means an officer or other person acting under the authority of the Commissioners of Customs and Excise;
- Dover Harbour
has the same meaning “harbour” has in the Dover Harbour Consolidation Act 1954;
- enactment
includes an enactment contained in this Act or in any Act passed on or after the date on which this Act is passed, and any subordinate legislation within the meaning of the Interpretation Act 1978;
- footpath
has the same meaning as in the Highways Act 1980;
- French company
means a body corporate incorporated under the law of France;
- frontier
means the frontier between the United Kingdom and France fixed by the Treaty;
- functions
includes powers, duties and obligations;
- goods
includes vehicles (notwithstanding that they may be being used for the carriage of other goods or of persons), animals, plants and any other creature, substance or thing capable of being transported;
- highway
means a highway maintainable by the highway authority;
- highway authority
means—
- immigration officer
means an immigration officer appointed for the purposes of the Immigration Act 1971.
- international railway passenger services
means services provided in Great Britain for the carriage of passengers by rail between any place in Great Britain and any place outside Great Britain by way of the tunnel system.
- international service
means any service (including a shuttle service) for the carriage of passengers or goods by way of the tunnel system.
- land
includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land;
- land of the Crown Estate
means land which, immediately before the vesting of that land in the Secretary of State by virtue of subsection (1) above, was vested in Her Majesty in right of the Crown.
- lessee
means a person who holds an interest under a lease for a period of which not less than 21 years is unexpired at the date of the giving of any notice by that person under sub-paragraph (2) above.
- liabilities
includes duties and obligations;
- limits of deviation
means the limits of deviation shown on the deposited plans and “limits of land to be acquired” means the limits of land to be acquired so shown;
- limits of land to be acquired
means the limits of land to be acquired so shown;
- liquidator
means, in relation to a company, a person appointed as liquidator or provisional liquidator of the company under any provision of the Insolvency Act 1986 or exercising in relation to the company functions under the law of France corresponding to those of a person so appointed, and the reference in subsection (8) above to any person other than a liquidator exercising functions under insolvency law in relation to a company is a reference to—
- modification
includes, in relation to an enactment, any amendment of it;
- nature conservation
means the conservation of flora, fauna or geological or physiographical features;
- relevant functions
means, in relation to any such transfer, functions conferred by or under this Act for the exercise of which by virtue of that transfer one such authority ceases to be, and another such authority becomes, responsible.
- security
means any mortgage, charge, lien or other security.
- shuttle service
means a service operated by means of a shuttle train.
- Shuttle train
means a train designed for the purpose of carrying road traffic between Cheriton, Folkestone and Fréthun by way of the tunnels and “shuttle service” means a service operated by means of a shuttle train.
- spoil
means spoil from tunnelling works;
- substance
means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;
- surplus spoil
means spoil which is not used for the purposes of any of the works authorised by this Act.
- telecommunications operator
means the operator of a telecommunications code system and “telecommunication apparatus”, “telecommunications code system” and “telecommunication system” have the same meanings as in Schedule 4 to the Telecommunications Act 1984.
- the Act of 1971
means the Town and Country Planning Act 1971;
- the Act of 1973
means the Fair Trading Act 1973;
- the appropriate authority
means— (a) in relation to the acquisition of land required for the Concessionaires’ scheduled works and other works in connection with those works, or for any purpose of Part IV of this Act, the Secretary of State;
- the appropriate Minister
means, in relation to any matter, the Minister in charge of any Government department concerned with that matter or, where more than one such department is concerned with that matter, the Ministers in charge of those departments, acting jointly.
- the arbitral tribunal
means the arbitral tribunal constituted under the Treaty.
- the Concession
means the Concession mentioned in paragraph (b) of that subsection.
- The Concessionaires
means the person or persons who, under the Concession, have for the time being the function of constructing and operating or (as the case may be) of operating the tunnel system.
- the former Concessionaires
means, in relation to any such substitution or in relation to the expiry or termination of the Concession, the person or persons who cease to be the Concessionaires on that substitution or on that expiry or termination;
- the Intergovernmental Commission
means the Inter-governmental Commission established by the Treaty;
- the international arrangements
includes any agreements or arrangements between Her Majesty’s Government in the United Kingdom and the Government of any country on the Continent of Europe other than France which for the time being apply for regulating any matters arising out of or connected with the operation of international services;
- the protected site
means the area of land at Holywell Coombe in the district of Shepway (town of Folkestone) bounded on the southern side by a straight line between National Grid reference points 622058E 138078N and 622138E 138095N, on the western and eastern sides by straight lines passing due north from each of those points to the limit of deviation of Work No. 3 and on the northern side by that limit.
- the railway
means Works Nos. 1 to 5 and other works and things constructed, provided or used for or in connection with those works and, for the purposes of sections 16 and 30 to 44 of the said Act of 1845, includes Work No. 6;
- the Railways Board
has the meaning given by section 5(3);
- the Safety Authority
means the Safety Authority established by the Treaty;
- the Treaty
has the meaning given by section 1(4);
- the tunnel system
has the meaning given by section 1(7);
- the undertakers
means any person authorised to carry on an undertaking for the supply of electricity, gas or water within any area within which land is to be acquired or works are to be constructed under this Act and— (a) in relation to water undertakers, includes a water authority in their capacity as an authority authorised to carry on an undertaking for the supply of water within their area;
- through service operator
means a person, other than the Concessionaires or the Railways Board, operating services for the carriage of passengers or goods by rail by way of the tunnel system.
- train
includes any locomotive and railway rolling stock of any description;
- tunnel system road
means any length of road comprised in the tunnel system.
- vehicle
includes a railway vehicle.