The Welsh Highland Railway Order 1999

Interpretation

2.—(1) In this Order—

“the 1922 and 1923 Orders” means the Welsh Highland Railway (Light Railway) Order 1922 and the Welsh Highland Railway (Light Railway Order) 1923;

“the Act of 1832” means the Festiniog Railway Act 1832(1);

“the Act of 1845” means the Railways Clauses Consolidation Act 1845(2);

“the Act of 1965” means the Compulsory Purchase Act 1965(3);

“the Act of 1984” means the Road Traffic Regulation Act 1984(4);

“the Act of 1991” means the New Roads and Street Works Act 1999(5);

“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992(6);

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

“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as the book of reference for the purposes of this Order;

“the Caernarfon railway” means the railway authorised by the Caernarfon Railway Light Railway Order 1997(7);

“the deposited plans” means the plans described in rule 7(1)(a) and 7(3) of the Applications Rules deposited in respect of the application for this Order with the Secretary of State and certified by the Secretary of State as the deposited plans for the purposes of this Order;

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

“the Festiniog Order” means the Festiniog Railway (Light Railway) Order 1923(8);

“the Festiniog Railway” is the railway authorised by the Act of 1832;

“the former railway” means the railway authorised by the 1922 and 1923 Orders;

“highway” and “highway authority” have the same meaning as in the Highways Act 1980(9);

“the limits of deviation” means the lines marked “Limit of deviation” shown on the deposited plans;

“the Llyn Bach deviation” is that part of Work No. 3 which is located alongside the western side of Llyn Bach between Snowdon Street and the Britannia Bridge in Porthmadog;

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

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“the railway” means Work No. 1, Work No. 1b, Work No. 1d, Work No. 1f, Work No. 2 and Work No. 3 authorised to be constructed and maintained under the terms of this Order and described in Schedule 1 to this Order, or any of them (as the case may require), together with all lands and works relating thereto, and where any part of the said works remain uncompleted, the expression includes the site of that part;

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

“street” 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;

“the undertaker” means The Festiniog Railway Company, whose registered office is at Harbour Station, Porthmadog, Gwynedd LL49 9NF.

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

(3) References in this Order to Work No. 1, Work No. 1b, Work No. 1d, Work No. 1f, Work No. 2 or Work No. 3 are references to those numbered works as specified in Schedule 1 to this Order.

(1)

1832 c. 48.

(2)

1845 c. 20.

(3)

1965 c. 56.

(4)

1984 c. 27.

(5)

1991 c. 22.

(6)

S.I. 1992/2902.

(7)

S.I. 1997/2534.

(8)

S.R. & O. 1923/301.

(9)

1980 c. 66.