The Strand Road, Preston Railway Order 2002

Interpretation

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

“the Council” means the Preston City Council;

“the lease” means any lease of the railway granted by the owner to the undertaker pursuant to article 3(1);

“the network licence” means the licence granted in exercise of the powers conferred by section 8 of the Railways Act 1993(1) by the Secretary of State to Railtrack, as the same is amended from time to time;

“the owner” means Railtrack, to the extent that Railtrack is the owner of the railway, and the Council, to the extent that the Council is the owner of the railway, and this expression shall include Railtrack and the Council as joint owners to the extent that they own the railway jointly;

“Railtrack” means Railtrack PLC a company incorporated under the Companies Act 1985(2) and having its registered office at Railtrack House, Euston Square, London NW1 2EE;

“the railway” means the railway (which at the date of this Order is owned jointly by the Council and Railtrack) described in the Schedule to this Order, together with all lands and works relating thereto (including the Strand Road level crossing), to the extent that the same are vested in the owner at the date upon which this Order comes into force and are held or used by the owner for the purposes of its railway undertaking;

“the transfer date”, in relation to any part of the railway, means the date on which that part is leased or sold by the owner to the undertaker under article 3;

“the undertaker” means Steamport Southport Ltd, a company incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at 3 Lincoln Drive, Old Roan, Liverpool L10 3LJ, and following any sale or lease under article 4 this expression shall mean or include the transferee within the meaning of that article.

(2) In this Order distances between points on a railway shall be taken to be measured along the railway.

(3) Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.

(1)

1993 c. 43. Section 8 has been amended by section 216 and Schedule 17 of the Transport Act 2000 (c. 38).

(2)

1985 c. 6.