- acquiring authority
means the person authorised to carry out the compulsory acquisition, and the “appropriate national authority” means— (a) where an order authorises the compulsory acquisition of land wholly in England, the Secretary of State, (b) where an order authorises the compulsory acquisition of land in both England and Wales, the Secretary of State, and (c) where an order authorises the compulsory acquisition of land wholly in Wales, the Welsh Ministers.
- appropriate national authority
means— (a) in relation to England and cross-border orders, the Secretary of State, and (b) in relation to Wales but not cross-border orders, the Welsh Ministers;
- appropriate person
means the Secretary of State;
- authorised analyst
means—
- barrier
includes gate;
- breath test
means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit;
- bridleway
has the same meaning as in the Highways Act 1980;
- carriageway
has the same meaning as in the Highways Act 1980, or in Scotland the Roads (Scotland) Act 1984;
- closure or diversion application
means— for an order by virtue of which a public right of way would be extinguished or diverted;
- cross
means cross otherwise than by tunnel or bridge;
- cross-border order
means an order under section 1 or 3 that has effect both in England and in Wales;
- Crown or Duchy interest
means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.
- dangerous incident
means an incident which in the constable’s opinion involved a danger of death or personal injury.
- drug
includes any intoxicant other than alcohol;
- enforcing authority
has the same meaning as in section 18(7) (a) of the Health and Safety at Work etc.
- Environmental statement
means a statement which, by rules under section 6, is required—
- equipment
includes vehicles;
- exclusive economic zone
has the meaning given by section 322(1) of the MCAA 2009;
- fail
includes refuse;
- footpath
has the same meaning as in the Highways Act 1980;
- guided transport
means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way), and • “vehicle” includes mobile traction unit.”
- hospital
means an institution which provides medical or surgical treatment for in-patients or out-patients.
- inland waterway
includes both natural and artificial waterways, and waterways within parts of the sea that are in Great Britain, but not any waterway managed or maintained by a person who is a harbour authority (within the meaning of the Harbours Act 1964) in relation to the waterway;
- lawfully placed
means placed in accordance with sections 52 to 54 above;
- local authority
means a county council, a district council, a London borough council, the Common Council of the City of London, the Council of the Isles of Scilly, a county borough council, and a Passenger Transport Executive.
- maintain
includes repair and replace;
- marine licence
means a marine licence under Part 4 of the MCAA 2009;
- medical or health care practitioner
means a medical practitioner or a registered health care professional;
- place
includes erect and (in relation to a sign) display;
- police medical or health care practitioner
means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.
- prescribed
means prescribed by regulations made by the appropriate national authority under this section;
- prescribed systems of guided transport
means systems using a mode of guided transport prescribed by regulations under this section. • “specified authority” means such authority as may be specified in regulations under this section.
- private road or path
means any length of road or path to which the public does not have access.
- public authority
means any person certain of whose functions are of a public nature.
- rail crossing extinguishment order
means an order under section 118A above;.”
- railway
includes tramway but does not include any part of a system where rails are laid along a carriageway.”
- Reasoned conclusion
means a reasoned conclusion under section 13B(1)(b).
- registered health care professional
means a person (other than a medical practitioner) who is—
- relevant authority
means—
- relevant enforcing authority
means the enforcing authority responsible for the enforcement of the relevant statutory provisions in relation to the mode of transport to which the direction applies.
- relevant proposals
means the proposals contained in the draft order prepared by the Secretary of State pursuant to section 7.
- relevant service
means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—
- relevant statutory provisions
has the same meaning as in that Act.
- Renewable Energy Zone
has the meaning given by section 84(4) of the Energy Act 2004.
- restricted byway
has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.
- served
means, in relation to proceedings in England and Wales, served in accordance with Criminal Procedure Rules or, otherwise, served personally or sent by registered post or recorded delivery service.
- specified authority
means such authority as may be specified in regulations under this section.
- statutory provision
means provision of an Act of Parliament or of an instrument made under an Act of Parliament.
- street
means— (a) in England and Wales, a street within the meaning of section 48 of the New Roads and Street Works Act 1991, together with land on the verge of a street or between two carriageways;
- the appropriate authority
means—
- the appropriate licensing authority
has the meaning given by section 113 of the MCAA 2009;
- The EIA Directive
means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.
- the MCAA 2009
means the Marine and Coastal Access Act 2009;
- the prescribed limit
means, as the case may require— or such other proportion as may be prescribed by regulations made by the Secretary of State.
- the responsible operator
means—
- tramway
means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which— (a) provide support and guidance for vehicles carried on flanged wheels, and (b) are laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
- trolley vehicle system
means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);
- vehicle
includes mobile traction unit.”