The Lake Lothing (Lowestoft) Third Crossing Order 2020

Interpretation

2.—(1) In these byelaws unless the context otherwise requires—

“appointed person” means—

(a)

a person acting in the course of that person’s duties who—

(i)

is an employee, agent, contractor or sub-contractor of Suffolk County Council; or

(ii)

is authorised by the undertaker to exercise one or more of its functions under the Order; or

(b)

a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, a person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 2004(1) or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002(2), acting in the execution of that person’s duties within the new bridge area;

“barriers” means the safety barriers installed within the new bridge area to prevent the passage of persons or vehicles;

“the byelaws” means these byelaws;

“cycleways” means the parts of the new bridge area allocated for the passage of bicycles and pedestrians only;

“existing bridge” means the opening bridge crossing Lake Lothing and known as the Lowestoft A47 Bascule Bridge;

“footways” means the parts of the new bridge area allocated for the passage of pedestrians only;

“Lake Lothing” means the navigable saltwater lake within the town of Lowestoft in the area of East Suffolk Council between the North Sea and Oulton Broad, as identified by reference points 652111E, 292801N, 655207E, 292615N;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“the new bridge” means Work Nos. 1B, 1C, 1D and 1E as set out in Schedule 1 to the Order (and including without limitation the piers, bridge deck, carriageway and parapets);

“the new bridge area” means the new bridge, the new bridge approaches, the new bridge control building area, and the new bridge infrastructure, as shown on the new bridge area plans;

“the new bridge approaches” means the northern and southern approaches to the new bridge (respectively “the new bridge northern approach” and “the new bridge southern approach”), the locations of which are shown on the new bridge area plan;

“the new bridge area plan” means the plan of that description as referenced in Schedule 14 (documents to be certified) and certified by the Secretary of State pursuant to Article 60 of the Order;

“new bridge control building” means the control tower building for the new bridge which forms part of Work No. 6 as set out in Schedule 1 to the Order;

“new bridge control building area” means the area outlined in green on sheet 2 of the new bridge area plans;

“the new bridge infrastructure” means the infrastructure elements supporting the new bridge including (without limitation) the cables, drainage, electricity and water supplies, and fenders relating to the new bridge, as well as any plant and machinery and any emergency, safety or communications equipment required for the construction, maintenance or operation of the new bridge;

“notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“open” unless the context does not relate to the new bridge means any point in time when the surface of the new bridge is raised to allow for the passing of vessels under the new bridge;

“the Order” means the Lake Lothing (Lowestoft) Third Crossing Order 2020;

“pontoon” means the mooring which forms Work No.7 as set out in Schedule 1 to the Order;

“trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“the undertaker” has the same meaning as in the Order;

“vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device; and

“vessel” means every description of vessel with or without means of propulsion of any kind and includes anything constructed or used to carry persons, goods, plant or machinery, or to be propelled or moved, on or by water, a seaplane on or in the water and a hovercraft within the meaning of the Hovercraft Act 1968(3).

(2) The Interpretation Act 1978(4) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

(1)

2004 c. 21. Section 44 was amended by the Emergency Workers (Obstruction) Act 2006 (c. 39).

(2)

2002 c. 30. Section 41 was amended by the Police and Justice Act 2006 (c. 48).

(3)

1968 c. 59.

(4)

1978 c. 30.