Paragraph 2 I1
England, Wales and Scotland
In this Part—
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“construction” includes execution, placing, alteration and reconstruction; and “construct” and “constructed” have corresponding meanings;
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“engineer” means an engineer appointed by Network Rail for the purposes of this Order;
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“network licence” means the network licence, as amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers in section 8 of the Railways Act 1993f1;
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“Network Rail” means—
- (a)
Network Rail Infrastructure Limited (company number 2904587); and
- (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) 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;
- (a)
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“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;
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“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993f3) or station lease;
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“railway property” means—
- (a)
any railway belonging to Network Rail;
- (b)
any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and
- (c)
any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment;
- (a)
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“relevant undertaker” means—
- (a)
in relation to specified work that is Project A works or associated development or ancillary works relating to Project A works, Optimus Wind;
- (b)
in relation to specified work that is Project B works or associated development or ancillary works relating to Project B works, Breesea; and
- (c)
in relation to specified work that is shared works or associated development or ancillary works relating to shared works, Optimus Wind and Breesea;
- (a)
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“specified work” means so much of any of the authorised development as is situated on, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.
Annotations
Commencement
- I1
Sch. 12 Pt. 2 para. 2 in force at 7.9.2016, see art. 1(2)
Footnotes
- f1
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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), paragraph 3 of Schedule 1 and Part 1 of Schedule 13 to the Railways Act 2005 (c.14) and Part 1of Schedule 1 to S.I. 2015/1682.
- f2
- f3
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“Access agreement” is defined in section 83. The definition was amended by section 230 of the Transport Act 2000.