The Heathrow Express Railway Extension Order 2002

In forceThis text since 9 Apr 2002law://uk/uksi/2002/1064@2026-11-12

Contents

402 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

Key facts

Type: Statutory instrument · UKSI 2002/1064
Made by: UK Government (statutory instrument)
Extent: England, Wales, Scotland and Northern Ireland

History · 1 version

9 Apr 2002Reading

Connections

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Amended by 2: The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017; The Communications Act 2003 (Consequential Amendments) Order 2003

Defined terms · 51

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approved plans
means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Order;
authorised works
means the scheduled works and any other works authorised by this Order;
building
includes any structure or erection or any part of a building, structure or erection;
Code of Practice
means the Code of Construction Practice as for the time being in force that is intended to regulate any environmental nuisance which may be caused in the course of carrying out the works;
construction
includes execution, placing and altering and “construct” and “constructed” shall be construed accordingly;
designated property
means any railways of the company and any works connected therewith for the maintenance or operation of which the company are responsible and includes any lands, premises, arches, cellars or vaults held or used by the company for the purposes of such railways or works;
functions
includes powers, duties and obligations;
goods
includes any thing conveyed on the railways authorised to be constructed by this Order;
lease
includes an agreement for a lease;
maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
oil company
means BP Oil UK Limited, Shell U.K.
plans
includes sections, drawings, calculations, methods of construction and particulars and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Order;
police authority
includes a police authority within the meaning of the Police Act 1996, and the Strategic Rail Authority;
protective works
has the meaning given by paragraph 6(1) below;
public sewer or drain
means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency 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.
railway premises
means premises of the undertaker used for or in connection with the operation of the railway.
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.
specified matter
means any of the following— (a) the construction, maintenance, operation or use of the works;
the 1965 Act
means the Compulsory Purchase Act 1965;
the 1990 Act
means the Town and Country Planning Act 1990;
the Applications Rules
means the Transport and Works (Applications and Objections Procedure) Rules 1992;
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 BP/Shell lease
means the lease of certain Depots and Pipelines dated 10 August 1984 and made between the British Airports Authority, of the one part, and BP Oil Limited and Shell U.K.
the BP/Shell pipelines
means the whole or any part of the Pipelines, as defined in the BP/Shell lease;
the company
means London Underground Limited;
the deposited plans
means the plans described in rule 7(1)(a) and (3) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of that rule;
the deposited sections
means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
the engineer
means an engineer to be appointed by the company;
the Esso lease
means the lease of a Depot and certain Pipelines dated 10 August 1984 and made between the British Airports Authority of the one part and Esso Petroleum Company Limited of the other part;
the Esso pipelines
means the whole or any part of the Pipelines, as defined in the Esso lease;
the hydrant systems
means the whole or any part of the Pipelines, as defined in the hydrant systems lease;
the hydrant systems lease
means the lease of the hydrant systems dated 10 August 1984 and made between the British Airports Authority, of the one part, and Esso Petroleum Company Limited, Mobil Oil Company Limited, Shell U.K.
the level of the surface of the land
means—
the limits of deviation
means the limits of deviation for the scheduled works shown on the deposited plans;
the Nominee
means Heathrow Hydrant Operating Company Limited, which has been nominated by the participants to act on their behalf for the purposes of Part II of this Schedule, or such other person as is nominated for the purposes of that Part or any provisions thereof by a written notice signed by all the participants and served on the undertaker;
the participants
means the persons who have for the time being any right or interest in the hydrant systems or who (being a company concerned in the supply of fuel at the airport or in the provision of airline services thereat) have any interest in a company which has for the time being the entire leasehold interest in the hydrant systems;
the protected property
means any fuel depot, tank farm, offices, access roads, parking areas or other facilities (together with any pipelines, apparatus or equipment located therein)— (a) any part of which is situated within the limits of deviation of the works or within 50 metres thereof;
the railway
means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
the scheduled works
means the works specified in Schedule 1 to this Order;
the special Act
means this Order;
the specified works
means so much of the authorised works as may be situated within 15 metres of, or may in any way effect, designated property.
the Surveyor
means the surveyor or engineer appointed for the purposes of Part IV of this Schedule;
the tribunal
means the Lands Tribunal;
the undertaker
means Heathrow Airport Limited and includes any subsidiary (within the meaning of section 736 of the Companies Act 1985) of that company.
the works
means the whole or any part of the works authorised by this Order including the making of any trial hole under article 8 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 railway authorised to be constructed by this Order.
transfer agreement
means an agreement entered into under paragraph (2) or (3) below.
transferee
means a person to whom all or any of the property or functions of the undertaker have been transferred by virtue of a transfer agreement;
watercourse
includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;