Article 2 Interpretation

In this Order, unless the context otherwise requires—

• “the Act of 1845” means the Railways Clauses Consolidation Act 1845^f1;

• “the Act of 1991” means the New Roads and Street Works Act 1991^f2;

• “authorised street tramway” means any street tramway authorised by this Order;

• “authorised tramroad” means any tramroad authorised by this Order;

• “authorised tramway” means the tramway (consisting of the authorised street tramways and the authorised tramroads) authorised by this Order;

• “the authorised works” means the scheduled works and any other works authorised by this Order;

• “the borough” means the Metropolitan Borough of Wirral;

• “carriageway” has the same meaning as in the Highways Act 1980^f3;

• “the Council” means the Council of the borough;

• “the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Department of Transport;

• “highway” and “highway authority” have the same meaning as in the Highways Act 1980;

• “the limits of deviation” mean the limits so shown on the deposited plans;

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

• “reserved track tramway” means any section of a street tramway laid along part of a street which vehicles other than tramcars are deterred or prevented from using;

• “the scheduled works” means the works specified in Schedule 1 to this Order;

• “street” means a street within the meaning of section 48 of the Act of 1991, together with land on the verge of a street, between two carriageways and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part III of the Act of 1991;

• “street tramway” means any part of a tramway which is laid along a street—

  1. (a)

     whether or not the section of the street in which its rails are laid may be used by other traffic; or

  2. (b)

     whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;

• “telecommunication system” has the meaning given by section 4 of the Telecommunications Act 1984^f4;

• “traffic sign” has the meaning given by section 64 of the Road Traffic Regulation Act 1984^f5;

• “tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a tramway;

• “tramroad” means any part of a tramway which is not a street tramway;

• “tramway” means any railway which is laid wholly or mainly along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);

• “undertaker” means the Council and any lessee under Article 26 (Power to lease tramway system) below to the extent so provided by that article.

Unless the context otherwise requires, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.

References in this Order to rights over land include references to the rights to do, or to place and maintain, anything in, on or under land or in the air space over its surface.