Paragraph 73

In this part of this Schedule—

• “asset protection agreement” means an asset protection agreement or basic asset protection agreement, as the case may be, in Network Rail’s standard form (as the same is amended from time to time) but amended to reflect the particular circumstances relating to works under the authorised development;

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

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

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of their powers under section 8 (licences) of the Railways Act 1993^f1;

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006) 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 and any successor to Network Rail Infrastructure Limited’s railway undertaking;

• “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 1993) or station lease;

• “railway property” means any railway belonging to Network Rail and—

  1. (a)

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

  2. (b)

     any easement or other property interest held or used by Network Rail or a tenant or licensee of Network Rail for the purposes of such railway or works, apparatus or equipment (evidence of which shall be provided by Network Rail to the undertaker as soon as reasonably practicable upon Network Rail’s receipt of written request from the undertaker);

• “regulatory consents” means any consent or approval required under—

  1. (a)

     the Railways Act 1993;

  2. (b)

     the network licence; and/or

  3. (c)

     any other relevant statutory or regulatory provisions,

  by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals or any access or beneficiary that may be required in relation to the authorised development.

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