The River Tyne (Tunnels) Order 2005

49.—(1) The provisions of this Part of this Schedule shall, unless otherwise agreed in writing between Nexus and the undertaker, have effect for the protection of Nexus.

(2) In this Part of this Schedule—

“construction” includes execution, demolition, placing, alteration, reconstruction and maintenance and “construct” and “constructed” have corresponding meanings;

“the engineer” means an engineer appointed by Nexus for the purpose in question;

“maintenance” means works of maintenance and repair that are material to the structures and safe operation of railway property;

“Nexus” means the Tyne and Wear Passenger Transport Executive;

“Nexus works and apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Nexus for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals and programmes;

“railway property” means any railway belonging to Nexus, any works, apparatus and equipment of Nexus connected with any such railway and any land or premises belonging to or used by Nexus for the purposes of any such railway, works, apparatus or equipment;

“specified work” means 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; and

“subsidiary” has the same meaning as in section 736 of the Companies Act 1985(1).

(1)

1985 c. 6.