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The East Somerset Railway Order 2005

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2.—(1) In this Order—

“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(1);

“the lease” means any lease of the railways granted by the owner to the undertaker pursuant to Article 3(1) of this Order;

“the owner” means BRB (Residuary) Limited;

“the railways” means the railways described in the Schedule to this Order together with all lands and works relating thereto, to the extent that the same are vested in the owner at the date upon which this Order comes into force, and are held or used by the owner for the purposes of its railway undertaking;

“the transfer date”, in relation to any part of the railways, means the date on which that part is leased or sold by the owner to the undertaker under Article 3;

“the undertaker” means East Somerset Railway Company Limited, a company incorporated under the Companies Act 1985(2) as a company limited by guarantee, and whose registered office is at Cranmore Railway Station, Shepton Mallet, Somerset, BA4 4QP.

(2) 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.

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