In this Act—
The expression “agricultural land” includes arable and meadow land and ground used for pastoral purposes or for market or nursery gardens, and plantations and woods and orchards, and also includes any fences on such land, but does not include any moorland or buildings;
The expression “agricultural crops” includes any crops on agricultural land, whether growing or severed, which are not led or stacked;
[F1 The expression “EEA State” means a member State, Norway, Iceland or Liechtenstein;]
The expression “railway” includes any light railway and any tramway worked by steam power.
[F2 The expression “railway company” includes a reference to a person who holds a European licence granted pursuant to a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/ EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/ EC dated 26th February 2001 and Directive 2004/49/ EC dated 29th April 2004, both of the European Parliament and of the Council, or pursuant to any action taken by an EEA State for that purpose.]
[F3The expression “railway company” includes any person—
(a) who holds a licence under Part I of the Railways Act 1993; or
(b) who is exempt, by virtue of a licence exemption under section 7 of that Act, from the requirement to be authorised by licence under that Part to be the operator of a railway asset; [F4or
(c)[F5 who holds a European licence granted pursuant to a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/ EC dated 19th June 1995 on the licensing of railway undertakings, as amended by Directive 2001/13/ EC dated 26th February 2001 and Directive 2004/49/ EC dated 29th April 2004, both of the European Parliament and of the Council, or pursuant to any action taken by an EEA State for that purpose;]]
(c)[F5who holds a European licence granted pursuant to—
(i) a provision contained in any instrument made for the purpose of implementing Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings or Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(ii) any action taken by an EEA State for that purpose.]
The expressions “light maintenance depot”, “network”, “operator”, “railway asset”, “station” and “track” have the same meaning as they have in Part I of the Railways Act 1993.]
This Act shall apply to agricultural land under the management of [F6the Crown Estate Commissioners] and to agricultural crops thereon.
Textual Amendments
F1 Words in s. 4 inserted (E.W.S.) (28.11.2005) by Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 1(1), Sch. 1 para. 1(a); and inserted (N.I.) (3.1.2006) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 (S.R. 2005/537), reg. 1(1), Sch. 5 para. 1(a)
F2 Words in s. 4 inserted (N.I.) (3.1.2006) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 (S.R. 2005/537), reg. 1(1), Sch. 5 para. 1(b)
F3 Words in s. 4 inserted (E.W.S.) (1.4.1994) by 1993 c. 43, ss. 150(1)(o), 152(1), Sch. 12 para. 2(2); S.I. 1994/571, art. 5
F4 Words in s. 4 added (E.W.S.) (28.11.2005) by Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 1(1), Sch. 1 para. 1(b); and
F5 Words in s. 4 substituted (E.W.S.) (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), reg. 1(1), Sch. 1 para. 1 (with reg. 4)
F6 Words substituted by virtue of S.R. & O. 1924/1370 (Rev. V, p. 443; 1924, p. 228), Crown Estate Act 1956 (c. 73), s. 1(1)(7) and Crown Estate Act 1961 (c. 55), s. 1