The Nottingham Express Transit System Order 2009

2.  In this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

• “DBSR” means DB Schenker Rail (UK) Limited and includes its successors from time to time;

• “EMTL” means East Midlands Trains Limited or (where the context permits) its successors as station facility owner (as defined in the Railways Act 1993(1)) in relation to Network Rail Infrastructure Limited’s existing station known as Nottingham Station;

• “the engineer” means an engineer appointed by Network Rail Infrastructure Limited for the purposes of this Order;

• “Freightliner” means Freightliner Group Limited and includes its successors from time to time;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of the powers under section 8 of the Railways Act 1993;

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 736 of the Companies Act 1985(2)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “Network Rail Infrastructure Limited” means Network Rail Infrastructure Limited, a company limited by shares and incorporated under the Companies Act 1985, whose registered number is 02904587;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail Infrastructure Limited and—

  (a)

  any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; and

  (b)

  any easement or other property interest held by or used for the benefit of Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

(1)

1993 c. 43.

(2)

1985 c. 6.