Section 105 Minor definitions.C5 C24 C26 C56 C61 C65 C75 C78 C81 C87 C89 C90 C95 C98 C99 C1 C2 C3 C4 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C25 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 C42 C43 C44 C45 C46 C47 C48 C49 C50 C51 C52 C53 C54 C55 C57 C58 C59 C60 C62 C63 C64 C66 C67 C68 C69 C70 C71 C72 C73 C74 C76 C77 C79 C80 C82 C83 C84 C85 C86 C88 C91 C92 C93 C94 C96 C97 C100 C101 C102 C103 C104 C105 C106 C107 C108 C109 C110 C111 C112 C113 C114 C115 C116 C117 C118 C119 C120 C121 C122 C123 C124 C125 C126 C127 C128 C129 C130 C131 C132 C133

England and Wales

(1)

In this Part—

“apparatus” includes any structure for the lodging therein of apparatus or for gaining access to apparatus;
“carriageway” and “footway” have the same meaning as in the M1Highways Act 1980;
“enactment” includes an enactment contained in subordinate legislation within the meaning of the M2Interpretation Act 1978;
“in”, in a context referring to works, apparatus or other property in a street or other place includes a reference to works, apparatus or other property under, over, across, along or upon it;
F1“public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
“railway” includes a light railway other than one in the nature of a tramway (see the definition of “tramway” below);
“reinstatement” includes making good;
“special enactment” means an enactment which is not a public general enactment, and includes—
1. (a)
  any Act for confirming a provisional order,
2. (b)
  any provision of a public general Act in relation to the passing of which any of the Standing Orders of the House of Lords or the House of Commons relating to Private Business applied, and
3. (c)
  any enactment to the extent that it is incorporated or applied for the purposes of a special enactment;
“statutory right” means a right (whether expressed as a right, a power or otherwise) conferred by an enactment (whenever passed or made), other than
1. (a)
  F2a right exercisable by virtue of a street works licence, or
2. (b)
  a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).
“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;
“traffic” includes pedestrians and animals;
“traffic authority” and “traffic sign” have the same meaning as in the M3Road Traffic Regulation Act 1984;
“tramway” means a system, mainly or exclusively for the carriage of passengers, using vehicles guided, or powered by energy transmitted, by rails or other fixed apparatus installed exclusively or mainly in a street.

(2)

A right to execute works which extends both to a street and to other land is included in references in this Part to a right to execute works in a street in so far as it extends to the street.

(3)

A right to execute works which extends to part of the street but not the whole is included in references in this Part to a right to execute works in a street; and in relation to such a right references in this Part to the street in which it is exercisable shall be construed as references to the part to which the right extends.

(4)

For the purposes of this Part apparatus shall be regarded as affected by works if the effect of the works is to prevent or restrict access to the apparatus (for example, by laying other apparatus above or adjacent to it).

(5)

Section 28 of the M4Chronically Sick and Disabled Persons Act 1970 (power to define “disability” and other expressions) applies in relation to the provisions of this Part as to the provisions of that Act.