PART IPRELIMINARY
Citation and commencement
1. This Order may be cited as the Railtrack (Leeds Bridges) Order 1999 and shall come into force on 20th August 1999.
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 Applications Rules” means the Transport and Works (Applications and Objections Procedure) Rules 1992, and references in this Order to numbered rules are to the Applications Rules bearing those numbers;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference described in rule 7(5) certified by the Secretary of State as the book of reference for the purposes of this Order;
“carriageway”, “footpath”, “highway” and “highway authority” have the same meaning as in the Highways Act 1980(3);
“the deposited plans” means the plans prepared in pursuance of rule 7(1) and (3) certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 7(3);
“the deposited sections” means the sections described in rule 7(2) certified by the Secretary of State as the deposited sections for the purposes of this Order;
“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the deposited plans;
“the limits of land to be temporarily used” means the limits of land to be temporarily used which are shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace; and “maintenance” shall be construed accordingly;
“the Order limits” means any of the limits of deviation or the limits of land to be temporarily used;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“Railtrack” means Railtrack PLC;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Street Works Act;
“the Street Works Act” means the New Roads and Street Works Act 1991(4); and
“the tribunal” means the Lands Tribunal.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air space over its surface.
(3) All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
(4) Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
(5) References in this Order to points identified by letters shall be construed as references to the points so lettered on the deposited plans.
Incorporation of Railways Clauses Consolidation Act 1845
3.—(1) The following provisions of the Railways Clauses Consolidation Act 1845(5) shall be incorporated in this Order–
section 24 (obstructing construction of railway), subject to the modification in paragraph (3) below;
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923(6);
section 145 (recovery of penalties); and
section 154 (transient offenders).
(2) In those provisions, as incorporated in this Order–
“the company” means Railtrack;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the special Act” means this Order.
(3) Section 24 of the said Act of 1845, as incorporated in this Order, shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.