Article 2 Interpretation

In this Order, unless the context requires otherwise:—

• “the Applications Rules” means the Transport and Works (Application and Objections Procedure) Rules 1992;

• “authorised railway” means the railway whose construction is authorised by this order;

• “authorised works” means the scheduled work and any other works authorised by this Order;

• “carriageway” has the same meaning as in the Highways Act 1980^f1;

• “highway” and “highway authority” have the same meaning as in the Highways Act 1980;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

• “the Order plans” means the plans described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and marked by the Secretary of State as “the Order plans” for the purposes of this Order;

• “the scheduled work” means the work specified in Schedule 1 to this Order;

• “owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding three years;

• “the Secretary of State” means the Secretary of State for Transport;

• “the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with this Order and marked by the Secretary of State as “the sections” for the purposes of this Order;

• “the Transfer” means a transfer of land dated 16 May 1994 between Bicester Park Development Company Limited and Tibbett & Britten Limited (including its successors in title); and

• “the undertaker” means Tibbett & Britten Consumer Limited, whose registered office is at Ross House, 1 Shirley Road, Windmill Hill, Enfield, Middlesex EN1 6SB.