PART 1PRELIMINARY
Interpretation2
1
In this Order—
“the 1961 Act” means the Land Compensation Act 19613;
“the 1965 Act” means the Compulsory Purchase Act 19654;
“the 1980 Act” means the Highways Act 19805;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19816;
“the 1984 Act” means the Road Traffic Regulation Act 19847;
“the 1990 Act” means the Town and Country Planning Act 19908;
“the 1991 Act” means the New Roads and Street Works Act 19919;
“the 2003 Act” means the Communications Act 200310;
“authorised works” means the scheduled works and any other works authorised by this Order or any part of them;
“bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;
“deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;
“deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“footpath” and “footway” have the same meaning as in section 329(1) of the 1980 Act;
“highway” has the same meaning as in section 328 (meaning of “highway”) of the 1980 Act;
“highway authority” means North Yorkshire Council;
“limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plan;
“limits of land to be acquired or used” means the limits of land to be acquired or used shown on the deposited plan;
“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 registration number 02904587) whose registered office is at Waterloo General Office, London, England, SE1 8SW;
“Order limits” means the limits of deviation and the limits of land to be acquired or used and shown on the deposited plan;
“the scheduled works” means the works specified in Schedule 1 (scheduled works) or any part of them;
“statutory undertaker” means—
- a
any person who is a statutory undertaker for any of the purposes of the 1990 Act; and
- b
any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the 2003 Act;
- a
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;
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.
3
All distances, directions and lengths referred to in this Order are approximate and are taken to be measured between the points shown on the deposited plan.
4
References in this Order to numbered plots are references to plot numbers as shown on the deposited plan.
5
References in this Order to points identified by letters and numbers are construed as references to points so shown on the deposited plan.
6
References in this Order to numbered works are references to the scheduled works as numbered in Schedule 1.