- accumulation
means any accumulation of silt or other material which constitutes an impediment to navigation;
- alteration
includes the provision of alternative means of operation or the diversion of any apparatus;
- alternative apparatus
means alternative apparatus adequate to enable the company in question to fulfil its statutory functions in a manner not less efficient than previously;
- apparatus
means— (a) mains, pipes or other apparatus belonging to, or maintained by, the company for the purposes of water supply;
- appointed day
means the date on which this Order comes into force;
- associated company
means any company which is (within the meaning of section 736 of the Companies Act 1985) the holding company of NRI, a subsidiary of NRI or another subsidiary of the holding company of NRI;
- authorised activities
means the construction, carrying out and maintenance of the authorised works, the operation, use and maintenance of the tunnel crossing and the exercise of any power, authority or discretion for the time being vested in or exercisable by the undertaker under this Order or otherwise;
- authorised works
means the scheduled works and any other works authorised by this Order;
- BT
means British Telecommunications PLC;
- building
includes any building, structure or erection or any part of a building, structure or erection;
- class 2 vehicle
means a vehicle comprised in Class 2 set out in the 2001 Order;
- company
means any of the following, namely, a public electricity supplier within the meaning of Part I of the Electricity Act 1989 and a gas transporter within the meaning of Part I of the Gas Act 1986;
- concession agreement
means a legally binding arrangement which may be comprised in one or more documents that makes provision for any or all of— (a) the design, construction, financing, refinancing, operation and maintenance of the new tunnel;
- concession toll date
means the date upon which an order made by the Secretary of State under section 13(2) of the 1976 Act as substituted by this Order revising the tolls or charges under article 42(1) in accordance with a determination of the undertaker under paragraph 4 of Schedule 14 to this Order comes into effect;
- concessionaire
means any person with whom the undertaker enters into a concession agreement from time to time together with the successors and assigns of any such person;
- construction
includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
- damage
includes scouring, erosion and environmental damage and “damaged” shall be construed accordingly;
- drainage work
means any watercourse and includes any land which provides or 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, flood defence or tidal monitoring;
- erosion
means any erosion of the bed or banks of the river or other structure of whatever nature;
- exclusion zone
means so much of the River Tyne as is bounded by imaginary parallel straight lines drawn at a distance of 40 metres on either side of the centre line of the new tunnel.
- function
includes any power, authority or discretion for the time being vested in or exercisable by the undertaker under this Order, or otherwise, in relation to the tunnel crossing or any part of it or any of the authorised activities;
- functions
includes powers and duties;
- goods
includes electricity supplied by a public electricity supplier and gas conveyed by a gas transporter;
- land plans
means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
- maintain
includes maintain, inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, replace and improve and “maintenance” shall be construed accordingly;
- maintenance
means works of maintenance and repair that are material to the structures and safe operation of railway property;
- 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 NRI and any associated company of NRI 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 NRI, a subsidiary of NRI or another subsidiary of the holding company of NRI;
- new tunnel
means the new tunnel comprised in the authorised works together with— (a) all tunnels, lifts, stairs, escalators, subways, passages, means of ingress or egress, shafts, stagings, buildings, apparatus, plant, machinery and subsidiary and incidental works;
- Nexus
means the Tyne and Wear Passenger Transport Executive;
- Nexus works and apparatus
means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Nexus for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications;
- non-class 2 vehicle
means any vehicle other than a Class 2 vehicle comprised in any class set out in the 2001 Order;
- NRI
means Network Rail Infrastructure Ltd;
- plans
includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;
- prescribed
means prescribed by byelaws under this Order.
- public communications provider
has the same meaning as in section 151 of the Communications Act 2003 and includes a person to whom the Code has been applied pursuant to section 106 of the Communications Act 2003;
- public sewer or drain
means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, the Port Authority or a local authority;
- public utility undertakers
has the same meaning as in the Highways Act 1980.
- railway property
means any railway belonging to Nexus, any works, apparatus and equipment of Nexus connected with any such railway and any land or premises belonging to or used by Nexus for the purposes of any such railway, works, apparatus or equipment;
- 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 rail network as a result of the construction, maintenance or failure of any specified work or any such act or omission as mentioned in sub-paragraph (1);
- 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);
- specified limits
means— (a) in respect of a class 2 vehicle a toll which is 80 pence higher than the toll payable in respect of such a class 2 vehicle under the 2001 Order at the appointed day;
- specified work
means so much of any work or operation authorised by this Order as is in, on, under, over or within 16 metres of a drainage work or is otherwise likely to— (a) affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;
- statutory utility
means a statutory undertaker for the purposes of the Highways Act 1980 or a public communications provider as defined in paragraph 1(6).
- subsidiary
has the same meaning as in section 736 of the Companies Act 1985.
- subsoil
means subsoil lying more than 1 metre beneath the level of the surface of the land;
- the 1965 Act
means the Compulsory Purchase Act 1965;
- the 1976 Act
means the Tyne and Wear Act 1976;
- the 1984 Act
means the Road Traffic Regulation Act 1984;
- the 1990 Act
means the Town and County Planning Act 1990. • “public communications provider” has the same meaning as in section 151 of the Communications Act 2003 and includes a person to whom the Code has been applied pursuant to section 106 of the Communications Act 2003;
- the 1991 Act
means the New Roads and Street Works Act 1991;
- the Agency
means the Environment Agency;
- 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 Northumbrian Water Limited or its successor for the time being in its capacity as either a water undertaker or a sewerage undertaker within the meaning of the Water Industry Act 1991;
- the deposited plans
means the works plans and the land plans;
- the deposited sections
means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
- the effective date
means the date upon which an order made by the Secretary of State under section 13(2) of the 1976 Act as substituted by this Order revising the tolls and charges chargeable under article 42(1) comes into effect;
- the engineer
means an engineer appointed by Nexus for the purpose in question;
- the existing foot tunnels
means Works Nos. 3, 3A and 4 as set out in Part I of Schedule 1 to the 1976 Act together with all approaches, tunnels, lifts, stairs, escalators, subways, passages, means of ingress or egress, shafts, stagings, buildings, apparatus, plant, machinery and subsidiary and incidental works;
- the existing tunnels
means the existing foot tunnels and the Tyne Tunnel;
- the 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;
- the level of the surface of the land
means— (a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building, (b) in the case of a river, dock, canal, navigation, watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level, or (c) in any other case, ground surface level;
- 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 works plans;
- the Port Authority
means the Port of Tyne Authority;
- the river
means the River Tyne;
- the scheduled works
means the works specified in Schedule 1 to this Order or any part of them, as the same may be varied pursuant to article 4;
- the tribunal
means the Lands Tribunal;
- the undertaker
means the Tyne and Wear Passenger Transport Authority;
- tidal work
means so much of any work authorised by this Order as is on, over or under tidal waters or land below the level of mean high-water springs;
- 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.
- Trinity House
means the Corporation of Trinity House of Deptford Strond.
- tunnel area
means so much of the land lying within the limits of land to be acquired or used as is situated within the River Tyne and Howdon Basin and their banks and beds;
- tunnel crossing
means the existing tunnels and the new tunnel together with— (a) the tunnel roads;
- tunnel roads
means the roads that run through the Tyne Tunnel and the new tunnel and Works Nos. 1B, 1C, 1D, 1E, 2C, 7A (part), 7B (part), 7K (part), 7L (part) and 7Q;
- tunnel staff
means persons designated as tunnel staff by byelaws under this Order;
- Tyne Tunnel
means the existing road tunnel beneath the River Tyne and Howdon Basin between and in the Metropolitan Boroughs of North Tyneside and South Tyneside;
- undertaking
includes the undertaking of the undertaker in connection with this Order, the authorised activities, the tunnel crossing, the functions and the property vested in the undertaker by article 3 of the Tyne Tunnel Order 1986;
- watercourse
includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
- works plans
means the plans certified by the Secretary of State as the works plans for the purposes of this Order.