The Network Rail (Seaham Level Crossing) Order 2013

Interpretation

2.—(1) In this Order—

“the 1863 Act” means the Londonderry Railway (Seaham to Sunderland) Act 1863(1);

“the 1961 Act” means the Land Compensation Act 1961(2);

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

“the 1990 Act” means the Town and Country Planning Act 1990(4);

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

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

“authorised works” means the works authorised by section 16 (works to be executed) of the Railways Clauses Consolidation Act 1845(6) as applied by section 2 of the 1863 Act for the provision of a crossing of the railway in place of the Seaham level crossing;

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

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

“the deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“highway authority” has the same meaning as in the Highways Act 1980(7);

“the new footway” means a new footway to be provided in the existing highway between point G on the deposited plan and the south-east-bound platform of Seaham Station;

“the new public right of way” means the new cycle track (as referred to in article 4(2) (creation and maintenance of new public right of way and new footway)) to be provided between points C, D, E, F and G on the deposited plan and includes the adjoining embankments and surrounding fence;

“Network Rail” means Network Rail Infrastructure Limited (company No. 02904587) whose registered office is at Kings Place, 90 York Way, London N1 9AG;

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

“the Seaham level crossing” means so much of Station Road, Seaham as is shown between points A and B on the deposited plan;

“the tribunal” means the Upper Tribunal (Lands Chamber);

“the undertaking” means the railway undertaking of Network Rail as existing from time to time.

(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 airspace over its surface.

(1)

1863 c. lxvi.

(2)

1961 c. 33.

(3)

1965 c. 56.

(4)

1990 c. 8.

(5)

1991 c. 22.

(6)

1845 c. 20.

(7)

1980 c. 66.

(8)

1981 c. 67.