Interpretation2

1

In this Order, unless the context otherwise requires—

  • “the Act of 1845” means the Railways Clauses Consolidation Act 18453;

  • “the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;

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

  • “existing” means existing at the coming into force of this Order;

  • “the existing railway” means the railway described in Schedule 1 to this Order;

  • “the limits of deviation” means the limits of deviation for the scheduled works shown on the works plan;

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

  • “the railways” means the existing railway, Work No. 1 and Work No. 2 as described in Schedule 2 or any of them, as the case may require, together with all lands and works relating thereto and, where in the case of Work No. 1 or Work No. 2 any part of those works remains uncompleted, the expression includes the site of that part;

  • “the scheduled works” means the works specified in Schedule 2 to this Order;

  • “the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the sections” for the purposes of this Order;

  • the undertaker” means the Midland Railway Trust Limited having its registered office at Butterley Station, Ripley, Derbyshire;

  • “the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as “the works plan” for the purposes of this Order.

2

In this Order, all distances, lengths, measurements and directions stated in any description of works, 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.

3

Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.