The Chester Guided Busway Order 2002

1.  In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction;

• “railway property” has the same meaning as in Part II of this Schedule;

• “relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by a train operator as a consequence of any restriction of the use of Railtrack’s railway network as a result of—

  (a)

  the construction, maintenance or failure of a specified work; or

  (b)

  by reason of any act or omission of the Council or of any person in its employ or of its contractors or others whilst engaged upon a specified work;

• “specified work” means, as respects any train operator, so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property comprising track and related facilities which that operator has permission to use for the purpose of the operation of trains; and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.