The East Kent Railway Order 2007

Interpretation

2.—(1) In this Order—

“the 1993 Order” means the East Kent Light Railway Order 1993(1);

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the Communications Act 2003(2);

“Network Rail” means Network Rail Infrastructure Limited 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 736 of the Companies Act 1985(3)) 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;

“the owner” means BRB (Residuary) Limited;

“the railway” means the railway described in the Schedule together with all lands and works relating to it which—

(a)

are held by the owner at the date when this Order comes into force; or

(b)

were at any time vested in the former British Railways Board, and which at the date when this Order comes into force are owned by or leased to the undertaker, or otherwise occupied by the undertaker;

“the relevant date” means—

(a)

in relation to any part of the railway which at the date when this Order comes into force is owned by the owner, the date upon which that part is transferred by the owner to the Trust;

(b)

in relation to any other part of the railway, the date when this Order comes into force;

“the Trust” means the East Kent Railway Trust, a company incorporated under the Companies Act 1985, whose registered number is 04294363 and whose registered office is at EKR Station, Station Road, Shepherdswell, Dover, Kent CT15 7PD; and

“the undertaker” means the Trust and following any sale, lease or underlease under article 5 (transfer of railway by undertaker) this expression shall mean or include the transferee within the meaning of that article.

(2) Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.

(3) All distances, lengths, measurements and directions stated in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.

(1)

S.I. 1993/2154.

(2)

2003 c. 21.

(3)

S.I. 1985 c. 6.