The Tyne and Wear Passenger Transport (Sunderland) Order 1998

Interpretation

2.—(1) In this Order, unless the context otherwise requires—

“the 1965 Act” means the Compulsory Purchase Act 1965(1);

“the 1990 Act” means the Town and Country Planning Act 1990(2);

“the 1991 Act” means the New Roads and Street Works Act 1991(3);

“the 1993 Act” means the Railways Act 1993(4);

“the Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992;

“authorised works” means the scheduled works and any other works authorised by this Order;

“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules and certified by the Secretary of State as the book of reference for the purposes of this Order;

“carriageway” has the same meaning as in the Highways Act 1980(5);

“the deposited plans” means the plans described in rule 7(1)(a) and (3) of the Applications Rules and certified by the Secretary of State as the deposited plans for the purposes of this Order, and references to land shown on those plans are references to land so shown in pursuance of the said rule 7(3);

“the deposited sections” means the sections described in rule 7(2) of the Applications Rules and certified by the Secretary of State as the deposited sections for the purposes of this Order;

“existing” means existing at the date of the making of this Order;

“the further limits” means the limits delineated by the lines shown on the deposited plans and thereon marked “limit of land to be acquired or used”;

“highway” and “highway authority” have the same meaning as in the Highways Act 1980;

“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;

“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;

“Railtrack” means Railtrack PLC and includes any associated company (as defined in section 416 of the Income and Corporation Taxes Act 1988(6)) of Railtrack which holds any property for railway purposes;

“the scheduled works” means the works specified in Schedule 1 to this Order;

“street” includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;

“the Sunderland extension” means—

(a)

the authorised works; and

(b)

either such rights as are granted, pursuant to this Order or any other enactment, to the undertaker over the existing railway from Newcastle to Hartlepool or any lands or works relating to that railway or, where the context so requires, any part of the said existing railway, lands or works over which such rights are granted;

“the tribunal” means the Lands Tribunal; and

“the undertaker” means the Tyne and Wear Passenger Transport Executive.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.

(3) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point and distances between points on a railway shall be taken to be measured along the centre line of the railway.

(4) Unless the context otherwise requires, any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.

(5) References in this Order to points identified by letters, with or without numbers, shall be construed as references to points so marked on the deposited plans.

(6) References in this Order to access to any place include egress from that place.

(1)

1965 c. 56.

(2)

1990 c. 8.

(3)

1991 c. 22.

(4)

1993 c. 43.

(5)

1980 c. 66.

(6)

1988 c. 1.