Paragraph 97 I1

In this Part of this Schedule—

• “CDM Regulations” means the Construction (Design and Management) Regulations 2015^f1;

• “Company” means HS1 Limited, trading as London St. Pancras Highspeed (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London N1 9AG) and any HS1 Group Company which holds property for railway purposes;

• “concession agreement” means the agreement between the Secretary of State for Transport and the Company for the design, construction, financing, operation, repair and maintenance of High Speed 1 as amended or supplemented from time to time;

• “construction” includes execution, placing, alteration, testing and commissioning (and, where relevant, the removal, alteration, re-carrying out after testing/commissioning or re-testing/commissioning) and reconstruction and construct and constructed have corresponding meanings;

• “contamination” means the presence of any substance at, in, on or under any given property, that is capable of causing harm to the environment;

• “emergency” means fouling of the line, any plant and/or equipment failing and/or falling within the fence, anything touching the overheads, any breach of the security fence, or any activity which adversely affects the stability or safety of any earthwork or structure (including track, overheads and/or stanchions);

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

• “environment” means any one or more of—

  1. (a)

     air (including air within natural or manmade structures, above or below ground);

  2. (b)

     water (including water under or within land, or in drains or sewers, and surface, ground, coastal and inland waters);

  3. (c)

     land (including surface land, sub-surface strata, land under water and natural and man-made structures); and

  4. (d)

     living organisms (including humans) including the ecological systems of which they form part, and, in the case of man, his senses and his property;

• “High Speed 1” means the high speed rail link between St Pancras in the London Borough of Camden and the Channel Tunnel Portal at Castle Hill, Folkestone, Kent and the international stations at St Pancras, Stratford and Ebbsfleet and Ashford and all associated track, facilities and installations, including the Waterloo Connection and the maintenance depots at Temple Mills and Singlewell;

• “HS1 group company” means any subsidiary or holding company of the Company or of another subsidiary or holding company of the Company, as “subsidiary” and “holding company” are understood within section 1159, Companies Act 2006, but on the basis that the holding of not less than one quarter of voting rights shall be deemed to satisfy the condition in section 1159(1)(a);

• “HS1 property” means any land (whether freehold or leasehold), easement, property interest, railway, infrastructure, structure (or any part of any of the foregoing) including works, apparatus or equipment, leased, owned, held or used by the Company for the purposes of High Speed 1 that may be affected by the authorised development;

• “network licence” means the network licence, as is amended from time to time, granted to the Company by the Secretary of State in exercise of powers pursuant to the Railways Act 1993^f2;

• “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 HS1 property;

• “protective works” means any works specified by the engineer under paragraph 100;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease; and

• “specified work” means so much of any of the authorised development as is, or is to be, situated upon, across, under, over or within 15 metres of, or may (or whose maintenance may) in any way adversely affect, HS1 property.