- adequate alternative apparatus
means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;
- apparatus
has the same meaning as in Part III of the Street Works Act;
- 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;
- BW
means the British Waterways Board;
- construction
includes placing or altering;
- detriment
means any permanent damage to a waterway or any other property of BW and, without prejudice to the generality of that meaning, includes— (a) the erosion of the bed or banks of a waterway or the impairment of the stability of any works, lands or premises forming part of a waterway;
- drainage work
means any watercourse and includes any land which provides or is expected to provide flood storage capacity for a flood event with an annual probability of occurrence of 0.01 or greater for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;
- enactment
includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
- fishery
means any waters containing fish and fish in, or migrating to or from such waters and the spawn, habitat or food of such fish;
- functions
includes powers and duties;
- 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.
- Network Rail
means Network Rail Infrastructure Limited;
- plan
includes sections and method statements;
- plans
includes sections, drawings, specifications and method statements;
- protective work
means a work constructed under paragraph 46(3);
- 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 or a joint planning board;
- 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;
- public utility undertakers
has the same meaning as in the Highways Act 1980.
- 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 (2);
- sewer
means a public sewer within the meaning of the Water Industry Act 1991 and includes a disposal main within the meaning of that Act;
- soil nailing rights
means rights to insert soil nails into the subsoil or to carry out other subsoil works for the purposes of strengthening and stabilising the railway cutting.
- specified footpath
means any of the footpaths or lengths of footpath specified in columns (1) and (3) of Parts I and II of Schedule 4 to this Order which are crossed on the level by Network Rail’s railway at the level crossings specified in column (2) of Parts I and II of that Schedule.
- specified work
means so much of the authorised works as will or may be situated over or within 15 metres measured in any direction of, or (wherever situated) impose any load directly upon, any sewer;
- 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).
- street
includes part of a street;
- the 1961 Act
means the Land Compensation Act 1961;
- the 1965 Act
means the Compulsory Purchase Act 1965;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the Agency
means the Environment Agency;
- the Applications Rules
means the Transport and Works (Applications and Objections Procedure) Rules 1992;
- the Berkswell Underpass
means the vehicular underpass at Berkswell level crossing in the Metropolitan borough of Solihull whereby Station Road and Truggist Lane pass beneath the London to Birmingham Section;
- 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 company
means Network Rail;
- the deposited plans
means the composite plans prepared in pursuance of rule 7(1)(a) and (3) of the Applications Rules 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 rule 7(3);
- 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 appointed by BW for the purpose in question;
- the exchange land
means the land delineated on the deposited plans and thereon numbered 75b, 197c and 197d in the district of Lichfield.
- the level of the surface of the land
means—
- the Order limits
means any of the limits of deviation, or the limits of land to be acquired or used, shown on the deposited plans;
- 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 special category land
means the land delineated on the deposited plans and thereon numbered 79a and 197b in the district of Lichfield;
- the Street Works Act
means the New Roads and Street Works Act 1991;
- the tribunal
means the Lands Tribunal.
- the undertaker
means the sewerage undertaker for the area of the works or whose sewers are affected.
- the waterway
means so much of the Grand Union Canal and the towing path, numbered 5 on the deposited plans, in the district of South Northamptonshire in the county of Northamptonshire as lies within the limits of deviation of Work No. 1.
- towing path
means the towing path forming part of the waterway;
- undertaker
means any person authorised to carry on, in any area within which Network Rail is by this Order authorised to purchase land or execute works, an undertaking for the supply of water or the supply, transportation or storage of gas or for the generation, transmission or supply of electricity;
- watercourse
includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer within the meaning of the Water Industry Act 1991.
- waterway
means any canal, or inland navigation belonging to or under the management or control of BW, and includes any works, land or premises belonging to BW, or under its management or control, and held or used by BW in connection with any such canal or inland navigation.