The Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002

Interpretation

2.  In this Order—

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

“the 1996 Act” means the Channel Tunnel Rail Link Act 1996(2);

“the authorised works” means the earth works and any works authorised by the 1996 Act;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“the datum line” means the datum line shown on the deposited sections;

“deemed planning permission” means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990(3) to be granted in relation to the earth works;

“the deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;

“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;

“the earth works” means the raising of the level of the land authorised by article 11(1) below and the other works so authorised;

“the limit of earth works” means the limit of earth works shown on the deposited plan;

“the limit of land to be acquired” means the limit of land to be acquired shown on the deposited plan;

“the limit of land to be temporarily used” means the limit of land to be temporarily used shown on the deposited plan;

“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 the 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; and

“Union Railways” means Union Railways (North) Limited.

(1)

1965 c. 56.

(2)

1996 c. 61.

(3)

1990 c. 8. Section 90(2A) was inserted by section 16(1) of the Transport and Works Act 1992.