OpenLegislation

Paragraph 2

Original text. Later amendments are not shown.

In this Schedule—

  • “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” shall be construed accordingly;

  • “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

  • “the London, Tilbury and Southend railway” means the railway operating between London Fenchurch Street, Tilbury and Southend stations together with any related stations, lands, works, apparatus, equipment, easements and other property rights;

  • “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

  • “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 or 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 but does not include any part of the railway known as the North London Line lying between the southern boundary of Stratford Regional station and North Woolwich station and any related stations, land, works, apparatus, equipment, easement and other property interest (except any railway property at West Ham or elsewhere on the North London Line relating to the London, Tilbury and Southend railway and any other railway property which at the time of construction of any specified work is known to exist and is required to be retained by Network Rail);

  • “the specified train operators” means the following bodies, and includes in each case any subsidiaries and successors from time to time as train operators over railway property—

    1. (a)

      c2c Rail Limited, company registration number 02938993;

    2. (b)

      Direct Rail Services Limited, company registration number 03020822;

    3. (c)

      English Welsh and Scottish Railway Limited, company registration number 02938988;

    4. (d)

      Freightliner Group Limited, company registration number 05313119;

    5. (e)

      London Eastern Railway Limited, trading as One Railway, company registration number 04955356; and

    6. (f)

      Silverlink Train Services Limited, company registration number 03007935; and

  • “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;

and references (howsoever phrased) to the opinion of the engineer shall be construed as references to the reasonable opinion of the engineer in all cases where the opinion does not relate to the safe operation of the railways of Network Rail or of the services of operators using the same.