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SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF RAILWAY INTERESTS

Interpretation

30.  In this Part of this Schedule—

Company” means Network Rail or, as the case may be, HS1;

concession agreement” means the agreement between the Secretary of State for Transport and HS1 Limited for the design, construction, financing, operation, repair and maintenance of High Speed 1, as amended or supplemented from time to time;

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

the engineer” means an engineer appointed by the Company for the purposes of this Order;

High Speed 1” means the high speed rail link between St Pancras in the London Borough of Camden and the Channel Tunnel Portal at Castle Hill, Folkestone, Kent and the international stations at St Pancras, Stratford and Ebbsfleet and Ashford and all associated track, facilities and installations, including the Waterloo Connection and the maintenance depots at Temple Mills and Singlewell;

HS1” means High Speed One (HS1) Limited (company number 06045862, whose registered office is at 5th Floor, Kings Place, 90 York Way, London N1 9AG) and any associated company of High Speed One (HS1) 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 1159 (meaning of “subsidiary” etc.)(1) of the Companies Act 2006)) the holding company of High Speed One (HS1) Limited, a subsidiary of High Speed One (HS1) Limited or another subsidiary of the holding company of High Speed One (HS1) Limited;

network licence” means the network licence, as the same is amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 (licences)(2) of the Railways Act 1993;

Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London NW1 2DN) 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 1159 of the Companies Act 2006) 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;

plans” includes sections, designs, design data, software, 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;

protective works” means any works specified by the engineer under paragraph 32;

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 the Company and—

(a)

any station, land, works, apparatus and equipment belonging to the Company and connected with any such railway; and

(b)

any easement or other property interest held or used by the Company for or connected with the purposes of such railway or works, apparatus or equipment; and

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

(2)

1993 c. 43. Section 8 was amended by section 216 of, and Part 1 of Schedule 2, paragraph 4 of Schedule 17 and Part 4 of Schedule 31 to, the Transport Act 2000 (c. 20), by sections 1 and 60 of, and paragraph 2 of Schedule 1 and Part 1 of Schedule 13 to, the Railways Act 2005 (c. 38), and by S.I. 2015/1682.