- address
includes any number or address used for the purposes of electronic transmission;
- 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
has the same meaning as in Part 3 of the 1991 Act, • “relocation works” means work executed, or apparatus provided, under sub-paragraph (2), and • “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).
- 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 other subsidiary of the holding company of Network Rail Infrastructure Limited;
- 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;
- construction
includes execution, placing, alteration, removal and reconstruction;
- designated lands
means any land which is owned by Network Rail shown on the works and land plans and described in the book of reference.
- electronic transmission
means a communication transmitted— (a) by means of an electronic communications network;
- existing level crossing
means any place at which the Felixstowe Branch Line crosses on the level the footpaths specified in columns (1) and (2) of Part 2 of Schedule 7 (level crossings);
- functions
includes powers and duties;
- goods
includes any thing conveyed on the railway authorised to be constructed by this Order;
- heavy goods vehicle
has the meaning given to it in section 115 of the Highways Act 1980;
- lease
includes an agreement for a lease;
- limits of deviation
means the limits of deviation for the scheduled works shown on the works and land plans;
- limits of land to be acquired or used
means the limits of land to be acquired or used shown on the works and land plans;
- 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 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 other subsidiary of the holding company of Network Rail Infrastructure Limited;
- new level crossing
means any new level crossing specified in column (3) of Part 2 of Schedule 7 (level crossings) in relation to an existing level crossing;
- operator
means an operator within the meaning of section 6(2) of the 1993 Act;
- plans
includes sections, specifications and method statements.
- public communications provider
has the same meaning as in section 151(1) of the Communications Act 2003;
- public service vehicle
has the meaning given to it in section 1 of the Public Passenger Vehicles Act 1981;
- public sewer or drain
means a sewer or drain which belongs to the Commission for the New Towns, the Environment Agency, a harbour authority within the meaning of the Harbours Act 1964, an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation;
- public utility undertakers
has the same meaning as in the Highways Act 1980.
- railway
means the railway forming part of the authorised works.
- 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 any station, land, works, apparatus and equipment belonging to Network Rail or connected therewith and includes any easement or other property interest 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.
- relocation works
means work executed, or apparatus provided, under sub-paragraph (2), and • “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).
- 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 statutory undertaker for the purposes of the Highways Act 1980 or a public communications provider 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 and all expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act;
- the 1990 Act
means the Town and Country Planning Act 1990;
- the 1991 Act
means the New Roads and Street Works Act 1991;
- the 1993 Act
means the Railways Act 1993;
- 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 the undertaker;
- the engineer
means an engineer appointed by Network Rail for the purposes of this Order;
- the Order limits
means any limits of deviation and any limits of land to be acquired or used which are shown on the works and land plans;
- the railway
means the railway forming part of the authorised works.
- the Regulations
means article 3 (procedure for making a temporary order) of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992.
- the relevant costs
means the costs, direct losses and expenses (including loss of revenue) 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 time
means the time at which the new highway to be substituted for restricted byway 28 (Gun Lane) (to be provided pursuant to article 8 (stopping up of streets) and specified in column (4) of Part 1 of Schedule 3) is open for use by the public.
- the rights of way plans
means the plans certified by the Secretary of State as the rights of way plans prepared for the purposes of this Order;
- the scheduled works
means the works specified in Schedule 1 or any part of them;
- the sections
means the sections shown on the works and land plans and certified by the Secretary of State as the sections for the purposes of this Order;
- the special Act
means this Order;
- the tribunal
means the Lands Tribunal;
- the undertaker
means The Felixstowe Dock and Railway Company being a company limited by shares and incorporated by the Felixstowe Railway and Pier Act 1875 whose registered number is 02590042;
- 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 railway authorised to be constructed by 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 1993 Act.
- watercourse
includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
- works and land plans
means the plans certified by the Secretary of State as the works and land plans for the purposes of this Order, and references to land shown on these plans are references to land so shown in pursuance of rule 12(5) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000.