- adequate alternative apparatus
means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner not less efficient that previously;
- alternative accommodation access
means the acccess to be provided, specified in column (3) of Schedule 2 to this Order, on the land numbered 248 on the deposited plans in the borough of Tamworth, in the county of Staffordshire and on the land numbered 2, 5 and 8 in the district of Lichfield.
- 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;
- conduit system
has the same meaning as in the electronic communications code and references to providing a conduit system shall be construed in accordance with paragraph 1(3A) of that code;
- construction
includes placing or altering;
- 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 occurence 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;
- electronic communications apparatus
has the same meaning as in the electronic communications code;
- electronic communications code network
means— (a) so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act;
- electronic communications code operator
means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
- 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;
- former PTO
means a person— (a) who is a provider of a public electronic communications network or a public electronic communications service which, immediately before the date on which the repeal by the 2003 Act of section 7 of the Telecommunications Act 1984 comes into force, was designated as a public telecommunication system under section 9 of that Act;
- 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;
- 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 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 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 that Schedule.
- specified roads
means Cherry Street and Cross Street, in the borough of Tamworth, in the county of Staffordshire;
- 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 an electronic communications code operator or former PTO.
- 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 1984 Act
means the Road Traffic Regulation Act 1984;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 2003 Act
means the Communications Act 2003;
- the Agency
means the Environment Agency;
- the Applications Rules
means the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000;
- 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 12(1) and (5) 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 12(5);
- the deposited sections
means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
- the electronic communications code
has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
- the exchange land
means the land delineated on the deposited plans and thereon numbered 252 and 253 in the borough of Tamworth.
- 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 98, 109a, 150, 159a, 197a, 197b and 269 in the borough of Tamworth;
- 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 Coventry Canal and the towing path, numbered 191 to 195 on the deposited plans, at Huddlesford in the district of Lichfield in the county of Staffordshire as lies within the Order limits.
- 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.
- working site
includes construction access.