- 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 Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;
- authorised street tramway
means any street tramway authorised by this Order;
- authorised tramroad
means any tramroad authorised by this Order;
- authorised tramway
means the tramway (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;
- bridge
includes a viaduct;
- building
includes any structure or erection;
- carriageway
has the same meaning as in the Highways Act 1980;
- construction
includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
- electric line
has the meaning given by section 64(1) of the Electricity Act 1989;
- electronic communications code
means the code set out in Schedule 2 to the Telecommunications Act 1984;
- electronic communications code network
means an electronic communications network within the meaning of the Communications Act 2003 to which the electronic communications code applies;
- EMI
means, subject to sub-paragraph (2), electromagnetic interference with Network Rail’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 Network Rail’s apparatus;
- goods
includes any thing conveyed on the authorised tramway;
- lease
includes an agreement for a lease;
- maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
- 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 1993 Act;
- Network Rail
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;
- plans
includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;
- 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 utility undertakers
has the same meaning as in the Highways Act 1980.
- railway operational procedures
means procedures specified under any access agreement (as defined in the 1993 Act) or station lease;
- railway property
means any railway belonging to Network Rail and— (a) any station, land, works, apparatus and equipment belonging to Network Rail and includes any land held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;
- 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 work
means so much of any 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 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, a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.
- street
includes part of a street;
- street tramway
means any part of a tramway 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;
- the (No. 2) 1992 Act
means the Midland Metro (No. 2) Act 1992.
- 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 1989 Act
means the Midland Metro Act 1989;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 1991 Act
means the New Roads and Street Works Act 1991;
- the 1992 Act
means the Midland Metro Act 1992;
- the 1993 Act
means the Railways Act 1993;
- the authorised works
means the scheduled works and any other works authorised by this Order;
- 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 City
means the City of Birmingham;
- the company
means the Executive;
- the Council
means Birmingham City Council.
- 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 Network Rail for the purposes of this Order;
- the Executive
means West Midlands Passenger Transport Executive;
- the first floor
means the floor above the ground floor.
- 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 Midland Metro Acts
means the 1989 Act, the Midland Metro (Penalty Fares) Act 1991, the 1992 Act and the (No. 2) 1992 Act;
- the Order limits
means any of— (a) the limits of deviation, or (b) the limits of land to be acquired or used shown on the land plans;
- the railway
means the authorised tramroads and (subject to paragraph (6)) the authorised street tramways, together with any authorised works ancillary thereto;
- 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 Network Rail’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 land
means any land within the Order limits other than— (a) the land specified in column (1) of Part 2 of Schedule 2 to this Order;
- the scheduled works
means the works specified in Schedule 1 to this Order or any part of them;
- the special Act
means this Order;
- the tribunal
means the Lands Tribunal;
- the undertaker
means the Executive.
- 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 tramway to be constructed under 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.
- tramcar
means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;
- tramroad
means any part of a tramway which is not a street tramway;
- tramway
means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which provide support and guidance for vehicles carried on flanged wheels;
- watercourse
includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;