The Crossrail (Kensal Green) Order 2013

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the Crossrail (Kensal Green) Order 2013 and comes into force on 20th February 2013.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1990 Act” means the Town and Country Planning Act 1990(3);

“the 1991 Act” means the New Roads and Street Works Act 1991(4);

“address” includes any number or address used for the purposes of electronic transmission;

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

“building” includes any structure or erection or any part of a building, structure or erection;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purpose of this Order;

“Canal Way” means the land identified as plots numbers 1 and 2 on the works and land plans;

“carriageway” has the same meaning as in the Highways Act 1980(5);

“designated works” means the provision of railway systems and station facilities authorised by the Crossrail Act 2008(6), relating to the works described in Schedule 1 to that Act as Works Nos. 1/8C, 1/8D, 1/8E, 1/8F, 3/19A, 3/19B, 3/19C, 3/19D, 3/19E and 3/19F, and includes ancillary works authorised by Schedule 2 to that Act;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“footway” has the same meaning as in the Highways Act 1980;

“highway” and “highway authority” have the same meanings as in the Highways Act 1980;

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

“Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purposes of this definition “associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006(7) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

“the Order limits” means the limits of land to be used which are shown on the works and land plan;

“owner”, in relation to land, has the same meaning as in the Acquisition of Land Act 1981(8);

“scheduled works” means the works specified in column (2) of Schedule 1 (land of which temporary possession may be taken);

“the tribunal” means the Upper Tribunal;

“the undertaker” means Crossrail Limited (Company No. 04212657) whose registered office is at 25 Canada Square, Canary Wharf, London, E14 5LQ;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

“the works and land plan” means the plan certified by the Secretary of State as the works and land plan for the purposes of this Order.

(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 above its surface.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1990 c. 8.

(4)

1991 c. 22. As amended by the Traffic Management Act 2004 c.18.

(5)

1980 c .66.

(6)

2008 c. 18.

(7)

2006 c. 46.

(8)

1981 c. 67.