Article 2 Interpretation

In this Order, unless the context otherwise requires:—

• “the Act” means the Transport Act 1968;

• “the appropriate Minister” means, in relation to England (excluding Monmouthshire), the Secretary of State for the Environment and in relation to Wales (including Monmouthshire), the Secretary of State for Wales;

• “existing”, in relation to a railway bridge, means existing when this Order comes into operation;

• “new”, in relation to a railway bridge, means constructed after this Order has come into operation (including constructed by way of reconstruction or replacement of a railway bridge in existence, whether or not such bridge is an existing railway bridge for the purposes of this Order);

• “principal road” means a road which is classified by the appropriate Minister under section 27(2) of the Local Government Act 1966 as a principal road for the purposes of advances under section 235 of the Highways Act 1959;

• “railway” includes a railway which has ceased to carry traffic and the site of a railway from which the track has been removed;

• “railway bridge” means a bridge, or (in so far as section 117 of the Act applies thereto by virtue of section 122(1) thereof) a tunnel or other structure,—

  1. (a)

     which carries a road over any one or more of the following, that is to say,

     1. (i)

        a railway of the British Railways Board,

     2. (ii)

        a railway of the London Transport Executive,

     3. (iii)

        a railway of any subsidiary of either of those bodies,

     4. (iv)

        any other installation or land used by either of those bodies or by any such subsidiary in connection with a railway or an inland waterway,

     5. (v)

        any installation or land used by the National Freight Corporation or by any subsidiary of that Corporation in connection with a railway, and

  2. (b)

     to which section 117 of the Act applies or will, on completion, apply,

  (including any abutments or other parts of the bridge, tunnel or other structure and, if the body or subsidiary in question is responsible for the maintenance thereof, any embankment, retaining wall or other work or substance supporting or protecting the surface of the road carried by, or giving access to, the bridge, tunnel or other structure); and

• “road” means a highway which is maintainable at the public expense (whether by virtue of section 116 of the Act or otherwise howsoever) and which has a made-up carriageway as defined in the Highways Act 1959.

References in this Order to the construction or reconstruction of a railway bridge at a particular time, or in relation to a particular date, are (except in paragraph (5) below) references to the completion of the construction or reconstruction (as the case may be).

Where a railway bridge consists of more than one separately supported span, each span, together with its supports and its superstructure, shall for the purposes of this Order be treated as a separate railway bridge.

Where it is necessary to determine for the purpose of any provision of this Order (other than paragraph (4) of Article 3) whether a bridge, tunnel or other structure is an existing or a new railway bridge and that determination depends on whether the way carried thereby is a road, regard shall be had to the position current as respects that way—

References in this Order to a road carried by a railway bridge as being classified, or not classified, in any particular class or category, are references:—

References in this Order to any enactment are references to that enactment as amended by or under any subsequent enactment.

The Interpretation Act 1889 shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.