xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULE 8PROTECTIVE PROVISIONS

PART 2FOR PROTECTION OF BALMORAL HOTEL AND PRINCES MALL

Interpretation

2.  In this Part of this Schedule—

“building regulations” means regulations made under section 1 of the Building (Scotland) Act 2003(1);

“CEC” means City of Edinburgh Council;

“damage” in the context of damage to protected property, means deterioration in the fabric or decoration of the protected property which is wholly or to a significant extent attributable to the construction or maintenance of a specified work;

“the fire escape” means the existing fire escape from the Balmoral Hotel to Waverley Steps, the approximate position of which is shown on sheet no. 1 of the Order plans marked “BH1”;

“notice” means notice in writing;

“plans” includes sections, drawings, specifications and method statements;

“portal PM1” and “portal PM2” mean respectively the existing portals in the east wall of Princes Mall providing access points between Princes Mall and Waverley Steps, the approximate positions of which are shown on sheet no. 1 of the Order plans marked “PM1” and “PM2”;

“portal PM3” means the portal to be provided in the east wall of Princes Mall as an access point between Princes Mall and Waverley Steps, the approximate position of which is shown on sheet no. 1 of the Order plans marked “PM3”;

“the portals” means portal PM1 and, prior to the provision of portal PM3, portal PM2, and thereafter means portal PM1 and portal PM3;

“PPG” means PPG Metro 39 Limited (company no. SC265768) whose registered office is at 9 Charlotte Square, Edinburgh EH2 4DR and its successors in title as head lessees of Princes Mall;

“protected landowner” means—

(a)

each of RFF, CEC and PPG in relation to Work No. 1; and

(b)

each of CEC and PPG in relation to—

(i)

Works Nos. 2 and 3; and

(ii)

portal PM3,

in the case of CEC, in its capacity as owner of the protected property;

“protected property” means the Balmoral Hotel or Princes Mall, as the case may be;

“protected property work” means any work (whether or not it is a work to which building regulations apply) which is carried out on the protected property and which affects the structure of the west wall of the Balmoral Hotel, the basements at the west end of the Balmoral Hotel, the east wall or the south wall of Princes Mall or the roof of Princes Mall;

“RFF” means Rocco Forte & Family Plc (company no. 3277921) whose registered office is at 70 Jermyn Street, London, SW1Y 6NY and its successors in title as owners of the Balmoral Hotel;

“specification of design details” means one or more documents which are so designated by Network Rail as providing details of the design and construction of any direct interface between a specified work and the protected property;

“specified work” means, in the case of RFF, Work No. 1 and, in the case of CEC and PPG, Works Nos. 1, 2 and 3 and portal PM3;

“the staff access doorway” means the existing staff access doorway in the west wall of the Balmoral Hotel providing an access point for staff between Waverley Steps and the Balmoral Hotel, the approximate position of which is shown on sheet no. 1 of the Order plans marked “BH2”; and

“Waverley Steps” includes, where the context so requires, the steps and escalators comprised in Work No. 1;

references to the use of the fire escape by RFF and the use of the portals as a fire escape include such use by, respectively RFF, CEC and PPG and their respective employees, agents and invitees; and

references to rights of access granted to CEC and PPG in respect of the use of the portals other than as fire escapes are to rights exercisable by CEC, PPG, their respective employees and agents, by the tenants and occupiers of and visitors to Princes Mall and by the invitees of CEC, PPG or such tenants and occupiers.