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 Acquisition of Land Act 1981^f4;

• “the 1990 Act” means the Town and Country Planning Act 1990^f5;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f6;

• “the 2003 Act” means the Communications Act 2003^f7;

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

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

• “the book of reference” means the book of reference 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 the 1980 Act;

• “the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;

• “the deposited section” means the section certified by the Secretary of State as the deposited section for the purposes of this Order;

• “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;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

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

• “the limits of deviation” means the limits of deviation for the scheduled work shown on the deposited plans;

• “the limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plans;

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

• “Network Rail” means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at Kings Place, 90 York Way, London, N1 9AG;

• “the Order limits” means the limits of deviation and the limits of land to be acquired or used;

• “owner”, in relation to land, has the same meaning as in the 1981 Act;

• “the scheduled work” means the work specified in Schedule 1 (scheduled work) or any part of the work;

• “street” includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

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

• “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.

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 air-space above its surface and 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 Network Rail’s railway undertaking.

References in this Order to numbered plots are references to plot numbers on the deposited plans.

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

References in this Order to points by letters are to be construed as references to points on the deposited plans.