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;

“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.