- 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;
- affected properties
means any land which is owned by a TfL Company or in which a TfL Company has a legal estate or an interest;
- apparatus
has the same meaning as in Part 3 of the Street Works Act;
- approved plans
means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;
- authorised works
means the scheduled works and any other works authorised by this Order;
- Balcombe Bridge
means the bridge (numbered by Network Rail 145) in the Parish of Balcombe, District of Mid Sussex, County of West Sussex carrying the London to Brighton Railway over Rocks Lane.
- Blackfriars bridge
means the railway bridge over the river Thames at Blackfriars in the City of London and London borough of Southwark;
- building
includes structure or any other 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;
- designated works
means so much of the authorised works as will be constructed under, on or over any of the affected properties;
- 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;
- electrical equipment
means equipment in the supply of traction current to the railway.
- 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;
- EMI
means electromagnetic interference with the Company’s works and apparatus generated by the operation of the authorised works (including the operation of trains using the new railways comprised in the authorised works) where such interference is of a level which affect the safe and efficient operation of the Company’s works and apparatus;
- enactment
includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
- Exemption Order
means the Railways (London Regional Transport) (Exemptions) Order 1994;
- footway
has the same meaning as in the said Act of 1896.
- 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;
- LUL
means London Underground Limited;
- 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, particulars and schedules of construction (including particulars as to the working methods and phases of the specified works) and “approved plans” means plans approved or deemed to be approved or settled by arbitration in accordance with the provisions of this Part of this Schedule;
- 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, a joint planning board, an urban development corporation or a harbour authority within the meaning of the Harbours Act 1964;
- public utility undertakers
has the same meaning as in the Highways Act 1980.
- railway property
means any railway of LUL, and any works, apparatus and equipment of the Company connected therewith and includes any lands, premises, structures or erections held or used by the Company for the purposes of such railway or works, apparatus and equipment;
- relevant facilities
means— (a) any network on which, or any station or part of a station from which, no regular scheduled railway passenger services are provided other than by a TfL Company;
- 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);
- safeguarded land
means the land within the zone specified in paragraph 2 of the safeguarding directions issued by the Secretary of State on 5th November 1990 as amended by further directions dated 10th October 1991 and 12th December 1991 pursuant to articles 14(1) and 18(3) of the Town and Country Planning General Development Order 1988 or any revised, reissued or amended directions issued pursuant to the Town and Country Planning (General Development Procedure) Order 1995 from time to time;
- 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;
- 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;
- specified works
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 licence holder within the meaning of Part 1 of the Electricity Act 1989, a gas transporter within the meaning of Part 1 of the Gas Act 1986, a water undertaker within the meaning of the Water Industry Act 1991, a sewerage undertaker within the meaning of Part 1 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;
- TfL Company
has the same meaning as in article 2 of the Exemption Order as amended by section 198 of the Greater London Authority Act 1999;
- the 1860 Act
means the London, Chatham and Dover Railway (Metropolitan Extensions) Act 1860.
- the 1961 Act
means the Land Compensation Act 1961;
- the 1965 Act
means the Compulsory Purchase Act 1965;
- the 1968 Act
means the Port of London Act 1968;
- the 1973 Act
means the Land Compensation Act 1973;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 1993 Act
means the Railways Act 1993, and • “relevant facilities” means— (a) any network on which, or any station or part of a station from which, no regular scheduled railway passenger services are provided other than by a TfL Company;
- 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) Rules 1992 made under sections 6, 7 and 10 of the 1992 Act;
- the Blackfriars works
means Works Nos. 3 and 4 and the station and other works authorised by article 7 (station works at Blackfriars);
- the book of reference
means the book of reference described in rule 7(5) of the Applications Rules 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 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 electronic communications code
has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
- the engineer
means an engineer to be appointed by LUL;
- the Farringdon works
means Work No. 2 and the other works at Farringdon station comprising extensions of the Thameslink Railway platforms, extension of the station footbridge with access to Turnmill Street and works for the pedestrianisation of part of Cowcross Street, a new station booking hall and concourse and electricity substation;
- the fishery
means any waters containing fish and fish in, or migrating to or from the river Thames and the spawn, habitat or food of such fish;
- the London Bridge works
means Works Nos. 8, 9, 10, 11, 13 and 14 and the station and other works authorised by article 9 (further works at London Bridge) or any of those works;
- the new works
means the station canopy comprised in the Blackfriars works;
- the Order limits
means any of the limits of deviation or the limits of land to be acquired or used, or, in relation to Work No. 12, the line marked “Extent of bridge and viaduct widening”, shown on the deposited plans;
- the original works
means the disused bridge piers alongside Blackfriars bridge and such other works and premises authorised by the 1860 Act as are within the limits of deviation for Works Nos. 3, 4, 5 and 6;
- the particular provision
means clause 2(22)(d) of the Underlease dated 11th July 1985 of land and premises at Puddle Dock, Blackfriars, in the City of London made between The Provost and Scholars of the King’s College of Our Lady and Saint Nicholas in Cambridge of the one part and the British Railways Board of the other part, the term of years granted by which Underlease is now vested in Network Rail.
- the Port Authority
means the Port of London Authority;
- the railway
means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
- the river
means the Thames as defined in the 1968 Act.
- the scheduled works
means the works specified in Schedule 1 to this Order;
- the special Act
means this Order.
- the specified works
means so much of the authorised works as may be situated upon, across, under, over or within 15 metres of railway property (including its operation and use) or may in any way affect railway property and includes the construction and maintenance of the authorised works and the designated works.
- 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.
- tidal work
means so much of any work authorised by this Order as is in, on, under or over tidal waters or tidal lands below the level of mean high water springs;
- Trinity House
means the Corporation of Trinity House of Deptford Strond.
- undertaker
means any person authorised to carry on, in any area within which Network Rail are 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 except a public sewer.