Article 2 Interpretation

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 Compulsory Purchase (Vesting Declarations) 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;

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

• “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;

• “bridleway” has the same meaning as in the 1980 Act;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “definitive map” means the document published by Nottinghamshire County Council that records the existence of public rights of way in Nottinghamshire;

• “deposited plan” means the land and rights of way plan certified by the Secretary of State as the deposited plan for the purposes of this Order;

• “development” means the development authorised by a grant of planning permission under the 1990 Act, with the reference number V/2017/0606 dated 18th December 2017 from Ashfield District Council comprising a ramped bridleway bridge across the railway, and any variation or replacement of that planning permission;

• “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;

• “existing bridleway” means the bridleway recorded on the definitive map and shown between points A and B on the deposited plan and the bridleway shown between points A to C to B on the deposited plan;

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

• “Kings Mill No. 1 level crossing” is the crossing of the Nottingham to Worksop railway, grid reference E:451993, N:359681, on the level at Mansfield in the county of Nottinghamshire, which has the status of a bridleway;

• “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 No. 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;

• “the new public right of way” means the new bridleway between points D, E, F, G and H shown on the deposited plan;

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

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f7;

• “statutory undertaker” means—

  1. (a)

     any person who is a statutory undertaker for the purposes of the 1990 Act; and

  2. (b)

     any public communications provider within the meaning of section 151(1) of the Communications Act 2003^f8;

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

• “the undertaking” means the railway undertaking of Network Rail as existing from time to time;

References in this Order to points identified by letters are construed as references to a point so shown on the deposited plan.

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