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—

    1. a

      any person who is a statutory undertaker for any of the purposes of the 1990 Act; and

    2. b

      any public communications provider within the meaning of section 151(1) (interpretation of Chapter 1) of the 2003 Act;

  • 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.