The High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the High Speed Rail (London – West Midlands) (Greatmoor Railway Sidings Etc.) Order 2018 and comes into force on 28th June 2018.

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 1990 Act” means the Town and Country Planning Act 1990(4);

“the 1991 Act” means the New Roads and Street Works Act 1991(5);

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

“authorised works” means the scheduled works and any other works authorised by this Order;

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

“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;

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

“the deposited plans” means the plans entitled “Works and Land and Public Rights of Way Plan” certified by the Secretary of State as the deposited plans for the purposes 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;

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

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

“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;

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

“the Nominated Undertaker” has the same meaning as in section 68(1) of the principal Act;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(6);

“Phase One purposes” has the same meaning as in section 67 of the principal Act;

“the principal Act” means the High Speed Rail (London – West Midlands) Act 2017;

“the scheduled works” means the works specified in Schedule 1 (scheduled works) to this Order or any part of them;

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

“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;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain.

(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 air-space above its surface.

(3) All distances, directions, lengths and points stated in the description of the scheduled works or in any description of powers or lands are approximate, and distances between points on a scheduled work are taken to be measured along the scheduled work.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1980 c. 66.

(4)

1990 c .8.

(5)

1991 c. 22.

(6)

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