OpenLegislation

Paragraph 2 I1

England, Wales and Scotland

In this Part—

  • “construction” includes execution, placing, alteration and reconstruction; and “construct” and “constructed” have corresponding meanings;

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

  • “network licence” means the network licence, as amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 of the Railways Act 1993f1;

  • “Network Rail” means—

    1. (a)

      Network Rail Infrastructure Limited; and

    2. (b)

      any associated company of Network Rail Infrastructure Limited that holds property for railway purposes,

    and for the purpose of paragraph (b) “associated company” means any company that is (within the meaning of section 1159 of the Companies Act 2006f2)—

    1. (c)

      the holding company of Network Rail Infrastructure Limited;

    2. (d)

      a subsidiary of Network Rail Infrastructure Limited; or

    3. (e)

      another subsidiary of the holding company of Network Rail Infrastructure Limited;

  • “plans” includes sections, designs, design data, software, 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 Railways Act 1993f3) or station lease;

  • “railway property” means—

    1. (a)

      any railway belonging to Network Rail;

    2. (b)

      any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and

    3. (c)

      any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;

  • “specified work” means so much of any of the onshore works as is situated on, across, under, over or within 15 metres of, or may in any way affect, railway property.

Annotations

Commencement

I1

Sch. 12 Pt. 2 para. 2 in force at 26.8.2015, see art. 1

Footnotes

f1

1993 c.43. Section 8 was amended by paragraph 4 of Schedule 17 and Part 4 of Schedule 31 to the Transport Act 2000 (c.38), paragraphs 3 and 5 of Schedule 2 to the Railways and Transport Safety Act 2003 (c.20) and paragraph 3 of Schedule 1 and Part 1 of Schedule13 to the Railways Act 2005 (c.14).

f2

2006 c.46.

f3

“Access agreement” is defined in section 83.