Article 2 InterpretationI1

In this Order—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1980 Act” means the Highways Act 1980^f3;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “the 1990 Act” means the Town and Country Planning Act 1990^f6;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f7;

• “the 2008 Act” means the Planning Act 2008^f8;

• F1...

• “address” includes any number or address for the purposes of electronic transmission;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;

• “the book of reference” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

• “classification of roads plans” means the document of that description listed in F2Schedule 10 (documents to be certified) and certified by the Secretary of State as the classification of roads plans for the purposes of this Order;

• “commence” means beginning to carry out any material operation (as defined in section 155(2) of the 2008 Act) forming part of the authorised development other than operations consisting of pre-commencement works, and “commencement” is to be construed accordingly;

• “cycle track” has the same meaning as in section 329(1) of the 1980 Act^f9;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form,

  and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003^f10;

• “the engineering drawings and sections” means the drawings and sections of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the engineering drawings and sections for the purposes of this Order;

• “environmental statement” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “footpath” and “footway” have the same meaning as in section 329(1) of the 1980 Act;

• “highway” has the same meaning as in section 328(1) (meaning of “highway”) of the 1980 Act;

• “highway authority” has the same meaning as in section 1 (highway authorities: general provision) of the 1980 Act;

• “local highway authority” has the same meaning as in section 329(1) of the 1980 Act;

• “land plans” means the plans of that description listed in Schedule 10 and certified by the Secretary of State as the land plans for the purposes of this Order;

• “limits of deviation” means the limits of deviation referred to in article 7 (limits of deviation);

• “maintain” in relation to any part of the authorised development, includes to inspect, repair, adjust, alter, improve, landscape, preserve, remove, decommission, reconstruct, refurbish or replace, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

• “Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

• “Order limits” means the limits of land to be acquired or used permanently or temporarily shown on the land plans, and the limits of land within which the authorised development, as shown on the works plans, may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f11;

• “relevant planning authority” means in any given provision of this Order the planning authority for the land to which the provision relates.

• “the rights of way and access plans” means the plans of that description listed in Schedule 10 and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “street” means a street within the meaning of section 48^f12 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in section 49^f13 (the street authority and other relevant authorities) of the 1991 Act;

• “traffic authority” has the same meaning as in section 121A^f14 (traffic authorities) of the 1984 Act;

• “the traffic regulation plans” means the plans of that description listed in Schedule 10 and certified by the Secretary of State as the traffic regulation plans for the purposes of this Order;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “trunk road” means a highway which is a trunk road by virtue of—

  1. (a)

     section 10^f15 (general provision as to trunk roads) or 19(1)^f16 (certain special roads and other highways to become trunk roads) of the 1980 Act;

  2. (b)

     an order or direction under section 10 of that Act;

  3. (c)

     an order granting development consent; or

  4. (d)

     any other enactment;

• “undertaker” means National Highways Limited (company number 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “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; and

• “the works plans” means the plans of that description listed in Schedule 10 and certified by the Secretary of State as the works plans for the purposes of this Order.

References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface.

References in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the discretion of the undertaker, either—

All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

References to any statutory body includes that body’s successor bodies from time to time that have jurisdiction over the authorised development.

References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the rights of way and access plans.

References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

In this Order, the expression “includes” is to be construed without limitation, unless so construing would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.