- alternative apparatus
means alternative apparatus adequate to enable the undertaker in question to fulfil their statutory functions in a manner not less efficient than previously;
- apparatus
has the same meaning as in Part III of the Street Works Act;
- associated company
means any company which is (within the meaning of section 736 of the Companies Act 1985) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
- authorised works
means the scheduled works and any other works authorised by this Order;
- barrier
includes gate;
- BRB
means BRB (Residuary) Limited;
- code operator
means a provider of an electronic communications network in whose case the electronic communications code is applied by a direction under section 103 of the Communications Act 2003;
- construction
includes execution, placing, alteration and reconstruction and “construct” and “constructed” have shall be construed accordingly;
- drainage work
shall mean any watercourse and includes any land which is expected to provide flood storage capacity for any watercourse and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence;
- EMI
means, subject to paragraph (2), electromagnetic interference with the company’s apparatus generated by the operation of the authorised works (including the operation of trains using the new railways comprised in the works) where such interference is of a level which adversely affects the safe operation of the company’s apparatus;
- enactment
includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
- functions
includes powers and duties;
- lease
includes an underlease and “lease”, where used as a verb, shall be construed accordingly;
- maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace;
- network licence
means the network licence, as the same is amended from time to time, granted to Network Rail by the Secretary of State in exercise of his powers under section 8 of the Railways Act 1993;
- plan
includes section, method statements, programmes and staging proposals;
- plans
includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals and programmes and details of the extent, timing and duration of any proposed occupation of railway property;
- 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 or a joint planning board;
- public utility undertakers
has the same meaning as in the Highways Act 1980.
- railway property
means any railway, station, works, apparatus and equipment belonging to the company and includes: (a) any land held or used by the company;
- relevant land
means any land which abuts on either side of the way to be stopped up.
- 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 and any manholes, ventilating shafts, pumps or accessories forming part of any such sewer;
- specified work
means so much of the authorised works as is 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 code 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 1984 Act
means the Road Traffic Regulation Act 1984;
- the 1990 Act
means the Town and Country Planning Act 1990;
- 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 Infrastructure Limited and any associated company of Network Rail Infrastructure Limited 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 Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
- the Council
means the Council of the Borough of Telford & Wrekin;
- the engineer
means an engineer appointed by the company for the purpose in question;
- the fishery
shall mean any waters containing fish and fish in, or migrating to or from such waters and the spawn, habitat or food of such fish;
- the former railway
means so much of any railway or former railway as is situated within the Order limits but does not include any operational railway of Network Rail Infrastructure Limited;
- 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 deviation for the scheduled works shown on the works plans;
- the limits of land to be acquired or used
means the limits of land to be acquired or used shown on the land plans;
- the Order limits
means any of the limits of deviation or the limits of land to be acquired or used;
- the railways
means the railways comprised in the authorised works;
- the 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 the use of the company’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1).
- the relevant date
means— (a) in relation to so much of the former railway as is owned by the Council at the date of the coming into force of this Order, that date;
- the rights of way maps
means the rights of way maps certified by the Secretary of State as the rights of way maps for the purposes of this Order;
- the scheduled works
means the works specified in Schedule 1 to this Order;
- 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 Street Works Act
means the New Roads and Street Works Act 1991;
- the transferee
means any person to whom the undertaking, or any part of it, is leased, sold or otherwise disposed of pursuant to this article;
- the transferred undertaking
means so much of the undertaking as is leased, sold or otherwise disposed of pursuant to this article.
- the tribunal
means the Lands Tribunal;
- the undertaker
means the sewerage undertaker for the area of the works or whose sewers are affected.
- the undertaking
means the undertaking authorised by this Order;
- the works plans
means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
- train operator
means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.
- undertaker
means any of the following, namely, a licence holder within the meaning of Part I of the Electricity Act 1989, a gas transporter within the meaning of Part I of the Gas Act 1986 and a water undertaker within the meaning of the Water Industry Act 1991;
- watercourse
includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;