The Network Rail (Teddington Station Access for All) Order 2021

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

“the 1990 Act” means the Town and Country Planning Act 1990(5);

“the 1991 Act” means the New Roads and Street Works Act 1991(6);

“the 2003 Act” means the Communications Act 2003(7);

“address” includes any number or address used for the purposes of electronic transmission;

“authorised works” means the works authorised by the planning permission and the highways planning permission;

“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;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purpose of this Order;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form,

and in this definition “electronic communications network” has the same meaning as in section 32(1)(8) (meaning of electronic communications networks and services) of the 2003 Act;

“footway” has the same meaning as in the 1980 Act;

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

“highways planning permission” means the planning permission granted under the 1990 Act with reference 21/0843/FUL dated 6 May 2021 by the London Borough of Richmond upon Thames for the installation of temporary vehicular access point and any variation or replacement of that planning permission for substantively the same development;

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

“Network Rail” means Network Rail Infrastructure Limited (company registration number 02904587) whose registered office is at 1 Eversholt Street, London NW1 2DN;

“Order limits” means the limits of land to be acquired or used as shown on the deposited plans;

“owner”, in relation to land, has the same meaning as in section 7(9) (interpretation) of the Acquisition of Land Act 1981;

“planning permission” means the planning permission granted by the London Borough of Richmond upon Thames under the 1990 Act with reference 20/0029/FUL dated 8 June 2020 for the installation of two lift shafts to connect to the existing station footbridge at Teddington Station and any variation or replacement of that planning permission for substantively the same development;

“statutory undertaker” means—

(a)

any person who is a statutory undertaker for any of the purposes of the 1990 Act; and

(b)

any public communications provider within the meaning of section 151(1) of the 2003 Act;

“street” includes part of a street;

“street authority” in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

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

“the tribunal” means the Lands Chamber of the Tribunal.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace over its surface.

(3) All measurements stated in any description of land in the book of reference are approximate.

(4) References in this Order to numbered plots are references to plot numbers shown on the deposited plans.

(1)

1961. c. 33.

(2)

1965. c. 56.

(3)

1980. c. 66.

(4)

1981. c. 66.

(5)

1990. c. 8.

(6)

1991. c.22.

(7)

2003. c. 21.

(8)

Section 32(1) was amended by S.I. 2011/1210.

(9)

1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.