1. This Order may be cited as the Network Rail (Kings Mill No. 1 Level Crossing) (Land Acquisition and Closure) Order 2018 and comes into force on 4th June 2018.
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);
“address” includes any number or address used for the purposes of electronic transmission;
“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;
“bridleway” has the same meaning as in the 1980 Act;
“building” includes any structure or erection or any part of a building, structure or erection;
“definitive map” means the document published by Nottinghamshire County Council that records the existence of public rights of way in Nottinghamshire;
“deposited plan” means the land and rights of way plan certified by the Secretary of State as the deposited plan for the purposes of this Order;
“development” means the development authorised by a grant of planning permission under the 1990 Act, with the reference number V/2017/0606 dated 18th December 2017 from Ashfield District Council comprising a ramped bridleway bridge across the railway, and any variation or replacement of that planning permission;
“electronic transmission” means a communication transmitted—
by means of an electronic communications network; or
by other means but while in electronic form;
“existing bridleway” means the bridleway recorded on the definitive map and shown between points A and B on the deposited plan and the bridleway shown between points A to C to B on the deposited plan;
“highway authority” has the same meaning as in the 1980 Act;
“Kings Mill No. 1 level crossing” is the crossing of the Nottingham to Worksop railway, grid reference E:451993, N:359681, on the level at Mansfield in the county of Nottinghamshire, which has the status of a bridleway;
“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 No. 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN;
“the new public right of way” means the new bridleway between points D, E, F, G and H shown on the deposited plan;
“the Order limits” means the limits of land to be acquired or used shown on the deposited plan;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(7);
“statutory undertaker” means—
any person who is a statutory undertaker for the purposes of the 1990 Act; and
any public communications provider within the meaning of section 151(1) of the Communications Act 2003(8);
“the tribunal” means the Lands Chamber of the Upper Tribunal; and
“the undertaking” means the railway undertaking of Network Rail as existing from time to time;
(2) References in this Order to points identified by letters are construed as references to a point so shown on the deposited plan.
(3) References in this Order to numbered plots are references to plot numbers shown on the deposited plan.