- abstraction
has the same meaning as in the Water Resources Act 1991.
- access contract
has the meaning given by section 17(6) of the Railways Act 1993;
- alternative apparatus
means alternative apparatus adequate to enable the undertakers to fulfil their functions as effectively as is achievable using the apparatus which the alternative apparatus is to replace;
- apparatus
has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22).
- appropriate Ministers
means the Secretary of State for Housing, Communities and Local Government and the Secretary of State for Transport acting jointly;
- approved arrangements
means arrangements approved for the purposes of— (a) paragraph 7 of Schedule 7, so far as relating to item 1 in the table in that paragraph, or (b) paragraph 24 of that Schedule;
- authorised works
means works authorised by this Act;
- book of reference
means the book deposited in connection with the Crossrail Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in February 2005, together with the books so deposited on 18th January, 9th May, 7th November 2006 and 16th May 2007;
- building
includes any structure other than— (a) anything in the nature of plant or machinery, (b) any gate, fence, wall or other means of enclosure, or (c) any tunnel, earthwork or railway track bed, but does not include anything temporary or, except where forming part of a station and intended for use by members of the public without a ticket or other permission to travel, anything underground;
- burial ground
means a churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment;
- canal work
means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is in or over a canal owned or managed by Canal & River Trust and “non-canal work” means so much of any such work as is not in or over a canal.
- common
includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;
- compensation for injurious affection
means compensation for injurious affection under section 7 or 20 of the Compulsory Purchase Act 1965 as applied by paragraph 6(2) of Schedule 6 to the Crossrail Act 2008.”
- construction
includes installation and “construct” shall be construed accordingly;
- Crossrail passenger service
means a service for the carriage of passengers by railway on a line the whole of which, or part of which, forms part of the railway mentioned in section 1(1)(a).
- Crossrail undertaker
means a person who, under section 39, is the nominated undertaker for any purpose of section 1(1), so far as relating to Crossrail.
- decontrolled works
means works to which section 7 or 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) would apply, but for paragraph 1(1)(a), (3) or (4) or 2(1)(a) of Schedule 9 to this Act.
- deemed planning permission
means the permission deemed by section 10(1) to be granted;
- development
has the same meaning as in the Town and Country Planning Act 1990.
- development agreement
means an agreement to which the Secretary of State is a party and under which another party has responsibilities in relation to the design, construction, financing or maintenance of Crossrail.
- drainage work
means any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring, and includes land which, taking account of flood defences, is expected to provide flood storage capacity for any watercourse at intervals not less frequent than— (a) in the case of areas providing fluvial flood storage, once in 100 years;
- electricity undertakers
means the holder of a licence under section 6 of the Electricity Act 1989 (c. 29), and
- electronic communications code
means the code set out in Schedule 3A to the Communications Act 2003;
- enactment
includes an enactment— (a) contained in an instrument made under an Act, or (b) contained in, or in an instrument made under, an Act of the Scottish Parliament;
- enforced in any authorised way
means—
- exempt public body
means a public body which is exempt from corporation tax.
- fishery
means any waters containing fish and fish in, or migrating to or from such waters and the spawn, spawning grounds or food of such fish;
- fuel or field garden allotment
means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;
- functions
includes powers and duties;
- group
means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the Companies Act 1985 (c. 6).
- group of proceedings
means a group consisting of—
- ICTA
means the Income and Corporation Taxes Act 1988 (c. 1);
- instrument
has the same meaning as in the Stamp Act 1891.
- key system asset
has the meaning given by section 213(1) of the Greater London Authority Act 1999 (c. 29).
- large goods vehicle
has the same meaning as in Part 4 of the Road Traffic Act 1988 (c. 52);
- 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);
- limits of deviation
means the limits of deviation which are shown on the deposited plans;
- limits of land to be acquired or used
means the limits of land to be acquired or used which are shown on the deposited plans;
- local authority
means—
- monument
includes a tombstone or other memorial;
- non-canal work
means so much of any such work as is not in or over a canal.
- non-tidal work
means so much of any such work as is above that level.
- notice
means notice in writing, and • “relevant distance”, in relation to any work, means— (a) where the work relates to an underground railway, 50 metres, and (b) where it does not, 35 metres.
- open space
means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground.
- operations
includes temporary works and operations authorised by paragraph 10 of Schedule 2;
- owner
has the same meaning as in the Acquisition of Land Act 1981 (c. 67);
- permitted development
means development to which the deemed planning permission relates;
- plans
includes sections, drawings, specifications and method statements;
- preparatory transactions
means anything done under or by virtue of this Act for the purpose of initiating, advancing or facilitating the relevant transfer in question.
- prescribed
means prescribed in regulations under subsection (1);
- property of the highway authority
means any apparatus of the highway authority affixed to or placed under any highway.
- public body
means a person which is a public body for the purposes of section 66 of FA 2003 (SDLT: transfers involving public bodies).
- public sewer or drain
means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority, an urban development corporation, a Mayoral development corporationfor an area in Greater London or a harbour authority within the meaning of the Harbours Act 1964 (c. 40),
- railway facility
has the same meaning as in Part 1 of the Railways Act 1993 (c. 43).
- relevant day
means such day as may be specified in an order under subsection (2).
- relevant planning application
means a request for approval under the planning permission deemed by section 10(1) to be granted.
- relevant planning authority
means— (a) in relation to land in the area of a unitary authority, the local planning authority;
- relevant tax
means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax, and • “tax provision” means a provision of an enactment about a relevant tax.
- relevant trading profits or losses
means profits or losses under Part 3 of CTA 2009 in respect of the trade or part of a trade in question for periods in which the trade was carried on wholly or partly in the United Kingdom.
- relevant transfer
means a transfer, in accordance with a transfer scheme, from a taxable public body to an exempt public body.
- relevant undertaking
means an undertaking given by the Secretary of State—
- relevant works
means works which are— (a) carried out in exercise of the powers conferred by this Act for the maintenance or alteration of the work referred to in subsection (2), and (b) begun on or after the relevant day;
- scheduled works
has the meaning given by section 1(1);
- scheme
means a scheme under paragraph 1(1), 2(1) or 3(1).
- section 30(3) proceedings
means proceedings on arbitration of a difference referred under section 30(3), and
- service obligations
means any service obligation imposed on the undertakers by or under the enactments authorising them to carry on their respective undertakings;
- specified work
means so much of any permanent or temporary work authorised by this Act as is in, across, under, or within 15 metres of, or may in any way affect, the canal.
- structure
includes any erection.
- subsidiary
has the same meaning as in that Act.
- tax provision
means a provision of an enactment about a relevant tax.
- taxable public body
means a public body which is within the charge to corporation tax.
- the 1968 Act
means the Port of London Act 1968 (c.xxxii);
- the 1999 Act
means the Greater London Authority Act 1999 (c. 29);
- the Agency
means the Environment Agency;
- the appropriate Ministers
means the Secretary of State for Transport acting jointly with either the Secretary of State for Environment, Food and Rural Affairs or the Secretary of State for Energy Security and Net Zero.
- the authorised works
means the works authorised by this Act;
- the canal
means any canal or waterway owned or managed by Canal & River Trust, and includes any works connected therewith for the maintenance of which Canal & River Trust is responsible and any lands held or used by Canal & River Trust for the purposes of the canal;
- the EIA regulations
means the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293) (or any regulations replacing those regulations).
- the Heathrow Express Order
means the Railways (Heathrow Express) (Exemptions) Order 1994 (S.I. 1994/574), as from time to time amended;
- the London Lorry Ban Order
means the Greater London (Restriction of Goods Vehicles) Traffic Order 1985.
- the Port Authority
means the Port of London Authority;
- the river
means the waters within the limits of the port of London as described in Schedule 1 to the 1968 Act;
- the statutory home civil service
means the civil service (excluding Her Majesty's diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (see section 1(4) of that Act);
- tidal work
means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is below the level of mean high water springs and “non-tidal work” means so much of any such work as is above that level.
- trading stock
has the meaning given by section 174 of ITTOIA 2005 (as respects income tax) or section 163 of CTA 2009 (as respects corporation tax).
- transfer scheme
means a scheme made under Schedule 12 to this Act;
- undertakers
means any of the following, namely, a licence holder within the meaning of Part 1of the Electricity Act 1989 (c. 29), a gas transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44), a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within Part 1 of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act;
- unitary authority
means— (a) the council of any county so far as it is the council for an area for which there are no district councils;
- watercourse
includes rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows, except a public sewer or drain, and
- working day
means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).