- address
includes any number or address used for the purposes of electronic transmission;
- apparatus
has the same meaning as in Part 3 of the 1991 Act;
- associated company
means any company which is (within the meaning of section 1159 of the Companies Act 2006) 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;
- building
includes any structure or erection, or any part of a building, structure or erection;
- carriageway
has the same meaning as in the 1980 Act;
- construction
includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;
- CRT
means the Canal & River Trust;
- cycle track
has the same meaning as in the 1980 Act;
- detriment
means any damage to the waterway or any other property of CRT and, without limitation on the scope of that meaning, includes— (a) any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);
- 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 3A to the Communications Act 2003;
- electronic communications code network
means an electronic communications network within the meaning of the Communications Act 2003 to which the electronic communications code applies;
- electronic transmission
means a communication transmitted— (a) by means of an electronic communications network;
- EMI
means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised works (including the operation of tramcars using the tramway comprised in the works) where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus;
- footway
has the same meaning as in the 1980 Act;
- goods
includes any thing conveyed on the authorised tramway;
- lease
includes an agreement for a lease;
- level crossing
means the place at which the authorised tramway crosses a highway or other road on the level under the powers conferred by this article;
- maintain
includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” is to be construed accordingly;
- network licence
means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8 (licences) of the Railways Act 1993;
- Network Rail
means Network Rail Infrastructure Limited (registered company number 2904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN 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 1159 of the Companies Act 2006) 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;
- parking place
has the same meaning as in section 32 (powers of local authorities to provide parking places) of the 1984 Act;
- plans
includes sections, designs, drawings, specifications, soil reports, vibration monitoring reports, calculations, descriptions (including descriptions of methods of construction) and programmes and details of the extent timing and duration of any proposed occupation of CRT Property and stoppages of the CRT network;
- practical completion
means practical completion of all of the specified work regardless of any items which would ordinarily be considered snagging items that remain outstanding, and the expression “practically complete” and “practically completed” are construed accordingly;
- 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.
- protective work
means a work constructed under paragraph 8(3)(a);
- 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 the Highways Act 1980.
- railway operational procedures
means procedures specified under any access agreement (as defined in the Railways Act 1993) 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 or connected with any such railway;
- relevant flood risk activity
means anything done under or in pursuance of this Order within paragraph 3(1)(a), (b) or (c) of Schedule 25 (flood risk activities and excluded flood risk activities) to the Environmental Permitting (England and Wales) Regulations 2016.
- relevant land
means the land acquired from the person concerned or any other land with which that person 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 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, the waterway;
- statutory utility
means a statutory undertaker for the purposes of the Highways Act 1980 or an operator of an electronic communications code network as defined in paragraph 1(6).
- street
includes part of a street;
- street tramway
means any part of a tramway which is laid along a street 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 1980 Act
means the Highways Act 1980;
- 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 tramway
means the tramway authorised by this Order;
- the authorised works
means the scheduled works and any other works authorised by this Order, or any part of them;
- the Authority
means the West Midlands Combined Authority established under article 3 of the West Midlands Combined Authority Order 2016;
- 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 Authority;
- the engineer
means an engineer appointed by Network Rail for the purposes of this Order;
- the existing station building
means the station building at Wolverhampton railway station described in plots 41 and 42 of the book of reference and shown on the works and land plans;
- the limits of deviation
means the limits of lateral deviation for the scheduled works mentioned in article 7(1)(a) and (2) (power to deviate);
- 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 multi-storey car park
means the multi-storey car park to the south of the existing station building which is described in plot 43 of the book of reference and shown on the works and land plans.
- the Order limits
means the permanent limits and the temporary limits;
- the permanent limits
means the limits of deviation and of land to be acquired or used, and the limits of land with rights to attach equipment to buildings, as shown on the works and land plans and described in the book of reference;
- the railway
means the authorised tramway, together with any authorised works ancillary to the authorised tramway;
- 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 scheduled works
means the works specified in Schedule 1 (scheduled works), or any part of them;
- the sections
means the sections included in the works and land plans;
- the special Act
means this Order;
- the temporary limits
means the limits of land to be used temporarily as shown on the works and land plans, described in the book of reference and specified in columns (1) and (2) of Schedule 6 (land of which temporary possession may be taken);
- the traffic regulation plan
means the plan certified by the Secretary of State as the traffic regulation plan for the purposes of this Order;
- the tribunal
means the Lands Chamber of the Upper Tribunal;
- the works and land plans
means the plans and sections certified by the Secretary of State as the works and land 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.
- towing path
means the towing path forming part of the waterway;
- 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— (a) provide support and guidance for vehicles carried on flanged wheels;
- watercourse
includes all docks, rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows (whether or not the flow is intermittent) except a public sewer or drain;
- waterway
means the Birmingham Canal, and includes the towpath tunnel, and any works, land or premises belonging to CRT, or under its management or control, and held or used by CRT in connection with a canal or inland navigation.