Part V Miscellaneous and General

49 Interpretation

1

In this Act, except where the context otherwise requires—

  • “A20 improvement works” has the meaning given by section 35;

  • “the appropriate authority” means—

    1. a

      in relation to the acquisition of land required for the Concessionaires’ scheduled works and other works in connection with those works, or for any purpose of Part IV of this Act, the Secretary of State;

    2. b

      in relation to, any other matter concerning the Concessionaires’ scheduled works or such other works, the Concessionaires;

    3. c

      in relation to the County Council’s scheduled works and other works in connection with those works, that Council; and

    4. d

      in relation to the Railways Board’s scheduled works and other works in connection with those works, the Railways Board;

  • “the arbitral tribunal” has the meaning given by section 2(10);

  • “bridleway” has the same meaning as in the M1Highways Act 1980;

  • “the Concession”, “Concession agreement”, “Concession lease” and “the Concessionaires” have the meanings given by the relevant provisions of section I (read with section 3(3));

  • “deposited plans” and “deposited sections” mean respectively the plans and sections shown on Sheets Nos. I to 15 and 21 to 34 of the plans and sections deposited in connection with the Channel Tunnel Bill in the Office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons in April 1986 and the plans and sections so deposited in July 1986;

  • “Dover Harbour” has the same meaning “harbour” has in the M2Dover Harbour Consolidation Act 1954;

  • “enactment” includes an enactment contained in this Act or in any Act passed on or after the date on which this Act is passed, and any subordinate legislation within the meaning of the M3Interpretation Act 1978;

  • “footpath” has the same meaning as in the M4Highways Act 1980;

  • “frontier” means the frontier between the United Kingdom and France fixed by the Treaty;

  • “functions” includes powers, duties and obligations;

  • “goods” includes vehicles (notwithstanding that they may be being used for the carriage of other goods or of persons), animals, plants and any other creature, substance or thing capable of being transported;

  • “the Intergovernmental Commission” means the Inter-governmental Commission established by the Treaty;

  • “the international arrangements” means—

a

the Treaty and the Concession; and

b

any other agreements or arrangements between Her Majesty’s Government in the United Kingdom and the Government of the French Republic which for the time being apply for regulating any matters arising out of or connected with the tunnel system;

  • “land” includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land;

  • “limits of deviation” means the limits of deviation shown on the deposited plans and “limits of land to be acquired” means the limits of land to be acquired so shown;

  • “modification” includes addition, omission and alteration, and related expressions shall be construed accordingly;

  • “nature conservation” means the conservation of flora, fauna or geological or physiographical features;

  • “the Railways Board” has the meaning given by section 5(3);

  • “the Safety Authority” means the Safety Authority established by the Treaty;

  • “shuttle service” and “shuttle train” have the meanings given by section 1(9);

  • “substance” means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;

  • “train” includes any locomotive and railway rolling stock of any description;

  • “the Treaty” has the meaning given by section 1(4);

  • “the tunnel system” has the meaning given by section 1(7); and

  • “vehicle” includes a railway vehicle.

2

References in this Act to—

a

the scheduled works;

b

the Concessionaires’ scheduled works;

c

the County Council’s scheduled works; and

d

the Railways Board’s scheduled works;

shall be read in accordance with section 5(4) of this Act.

3

References in this Act to the expiry of the Concession are references to the expiry of the maximum period for which, in accordance with its terms, the Concession would remain in force in default of earlier termination under any of its provisions providing for premature termination of that maximum period.

4

References in this Act to the termination of the Concession are references to the termination of the Concession before the end of that maximum period.

5

References in this Act to agreement on a new Concession, and to a new Concession, shall be read in accordance with section 3(5) of this Act.

6

In this Act—

a

references to the M20 are references to the special road so designated; and

b

references to specified distances or lengths shall be construed as if the words “or thereabouts” were inserted after each such distance or length, distances between points on a road or railway being measured along the centre line of the road or railway.

7

Unless the context otherwise requires, a reference in this Act to a work identified by a number shall be read as a reference to the scheduled work or (as the case may be) the A20 improvement work of that number.

8

In this Act—

a

any reference specifying any land or point shown on the deposited plans shall be taken as a reference to the land or point identified on those plans by the numbers or letters or the numbers and letters so specified;

b

unless the context otherwise requires, any reference to any land specifying a range of consecutive numbers shall include a reference to any land identified on the deposited plans by a number within the range of numbers so specified whether or not a letter is added to that number for the purpose of identification; and

c

any reference to any land specifying a single number with the addition of a range of alphabetically consecutive letters shall include a reference to any land identified on the deposited plans by that number with the addition of any letter within the range of letters so specified.

9

Any reference in this Act to Part I or II of the M5Land Compensation Act 1973 or any provision of either Part shall include a reference to that Part or provision as modified by section 84(1) of that Act.