- apparatus
has the same meaning as in Part III of the 1991 Act,
- associated company
means any company which is (within the meaning of section 736 of the Companies Act 1985) the holding company of Railtrack PLC, a subsidiary of Railtrack PLC or another subsidiary of the holding company of Railtrack PLC;
- 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 structure or any other erection.
- carriageway
has the same meaning as in the Highways Act 1980;
- construction
includes execution, placing, altering, replacing and relaying and includes removal;
- 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;
- highway 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.
- new level crossing
means the place at which an authorised tramroad crosses a highway on the level under the powers conferred by this article;
- 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 or a local authority,
- 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 any associated company of Railtrack PLC which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985) the holding company of Railtrack PLC, a subsidiary of Railtrack PLC or another subsidiary of the holding company of Railtrack PLC;
- 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 costs
means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of use of Railtrack’s railway network as a result of the construction or maintenance or failure of the specified works or any such failure, act or omission as mentioned in paragraph (19) above.
- relevant land
means any land which abuts on either side of the street to be stopped up.
- 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 and any reconstruction of Work No. 7 authorised by the Greater Manchester (Light Rapid Transit System) Act 1988 as may be required for the purposes of or in connection with the authorised works as may be situated upon, across, under, over or within 15 metres of, or may in any way affect, railway property;
- 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, and (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 canal
means the Ashton Canal in so far as it is owned or managed by the waterways board, and any works connected therewith for the maintenance of which the waterways board are responsible, and includes any lands held or used by the waterways board for the purposes of the canal;
- the company
means the undertaker;
- the engineer
means an engineer to be appointed by Railtrack;
- the exchange lands
means the lands marked as exchange land and shown coloured green on the public open space plans;
- the land plans
means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
- the limits of deviation
means the limits of lateral deviation for the scheduled works mentioned in article 6(1)(a) and (2);
- the public open space plans
means the plans numbered MS112 and MS113 attached to the land plans;
- the railway
means the authorised tramroads and, except where the context otherwise requires, any authorised works ancillary to the authorised tramroads;
- 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 specified works
means so much of any of the authorised works as is situated over or upon or abuts on or in any way affects the canal and includes the exercise of any of the powers of articles 5, 8, 9, 10, 12, 19 and 23 in relation to the canal;
- the Station
means Railtrack’s Piccadilly Station in Manchester.
- 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 waterways board
means the British Waterways Board.
- 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