- apparatus
has the same meaning as in Part III of the 1991 Act,
- authorised street tramway
means any street tramway authorised by this Order;
- authorised tramroad
means any tramroad authorised by this Order;
- authorised transit system
means the transit system (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;
- authorised works
means the scheduled works and any other works authorised by this Order;
- barrier
includes gate;
- building
includes any structure and a bridge or aqueduct over the street;
- carriageway
has the same meaning as in the Highways Act 1980;
- construction
includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
- electric line
has the meaning given by section 64(1) of the Electricity Act 1989, and
- goods
includes anything conveyed on the authorised tramroads;
- highway
means a street vested in or maintainable by the highway authority;
- highways operations
means the construction of any part of the authorised works which will involve interference with a highway or the traffic in a highway and any temporary stopping up, alteration or diversion of a highway;
- lease
includes an agreement for a lease;
- maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
- navigation authority
means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock.
- plans
includes sections, designs, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction) staging proposals and programmes;
- protective equipment
includes lights, traffic signs (within the meaning of section 64(1) of the 1984 Act) manual, mechanical, automatic, electrical or telephonic equipment or other devices.
- 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, a joint planning board, the Commission for the New Towns, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964,
- public telecommunications operator
means— (a) a person authorised, by a licence to which section 9 of the Telecommunications Act 1984 applies, to run a public telecommunications system, or (b) a person to whom the telecommunications code has been applied pursuant to section 10 of that Act;
- public utility undertakers
has the same meaning as in the Highways Act 1980.
- Railtrack
means Railtrack plc and includes any person (other than a person falling within the definition of the railways board) who derives title to any property from Railtrack and holds that property for railway purposes;
- railway property
means any railway of Railtrack and any works, apparatus and equipment of Railtrack connected therewith and includes any land held or used by Railtrack for the purposes of such railway or works, apparatus or equipment;
- relevant land
means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
- relocation works
means works executed, or apparatus provided, under sub-paragraph (3) above;
- reserved track tramway
means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;
- specified works
means so much of the authorised works as may be situated upon, across, under or over or within 15 metres of, or may in any way affect, railway property. 2 a The undertaker shall not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Railtrack which (except in relation to railway property consisting of a railway track or any land within 3 metres of that track) shall not be unreasonably withheld but may be given subject to reasonable conditions. b The undertaker shall fence off on a temporary and permanent basis the specified works from railway property to the reasonable satisfaction of the engineer where so required by him. 3 The undertaker shall not exercise the powers of article 21 of this Order or the powers of section 11(3) of the 1965 Act in respect of any railway property except with the consent of Railtrack which consent shall not be unreasonably withheld but may be given subject to reasonable conditions. 4 a Except with the consent of Railtrack the undertaker shall not in the exercise of the powers of this Order prevent pedestrian or vehicular access to railway property. b The undertaker
- statutory utility
means a statutory undertaker for the purposes of the Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.
- street
includes part of a street;
- street tramway
means any part of a transit system which is laid along a street— (a) whether or not the section of the street in which its rails are laid may be used by other traffic, or (b) whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
- the 1965 Act
means the Compulsory Purchase Act 1965;
- the 1984 Act
means the Road Traffic Regulation Act 1984;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 1991 Act
means the New Roads and Street Works Act 1991;
- the book of reference
means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
- the British Transport Police Force
means the force organised under the British Transport Police Scheme 1963.
- the company
means the undertaker;
- the engineer
means an engineer to be appointed by Railtrack;
- the exchange land
means the land described as exchange land on the plan entitled “Public Open Space Plan” attached to the land plans.
- the land plans
means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
- the new level crossing
means the place at which Work No. 9 crosses a highway on the level under the powers conferred by this article;
- the railway
means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;
- the railways board
means the British Railways Board or, as the case may require, any person who pursuant to the Railways Act 1993 succeeds (whether before or after the making of this Order) to any functions of the British Railways Board, or any other person who derives title to any property from the British Railways Board or such successor and holds that property for railway purposes, but only does not include Railtrack plc;
- the scheduled works
means the works specified in Schedule 1 to this Order or any part of them;
- the sections
means the sections certified by the Secretary of State as the sections for the purposes of this Order;
- the special Act
means this Order;
- the special category land
means the land described as public open space on the plan entitled “Public Open Space Plan” attached to the land plans;
- the telecommunications code
means Schedule 2 to the Telecommunications Act 1984;
- the tribunal
means the Lands Tribunal;
- the undertaker
means Greater Manchester Passenger Transport Executive;
- the works plans
means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
- toll
includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any authorised tramroad.
- tramcar
means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a transit system;
- tramroad
means any part of a transit system which is not a street tramway;
- transit system
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 in part 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);
- vehicle
includes mobile traction unit;
- watercourse
includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and