Transport (Railway Infrastructure) Act, 2001

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Interpretation.

2.—(1) In this Act—

“Act of 1961” means Road Traffic Act, 1961 ;

“Act of 1963” means Transport Act, 1963 ;

“Act of 1993” means Roads Act, 1993 ;

“Act of 1994” means Road Traffic Act, 1994 ;

“Act of 1996” means Transport (Dublin Light Rail) Act, 1996 ;

“Act of 2000” means Planning and Development Act, 2000 ;

“Agency” means Railway Procurement Agency established under section 9 ;

“applicant” in Part 3, means the Agency, CIÉ, or any other person applying for a railway order;

“authorised person” means a person authorised as an authorised person under section 36 ;

“CIÉ” means Córas Iompair Éireann;

“driving” in relation to a light rail vehicle includes managing and controlling the vehicle, and “driver” and other cognate words shall be construed accordingly;

“environmental impact statement” shall be construed in accordance with section 37 (2)(d);

“establishment day” means the day appointed by the Minister under section 8 to be the establishment day for the purposes of Part 2;

“functions” includes powers and duties and references to the performance of functions include, as respect powers and duties, references to the exercise of the powers and the carrying out of the duties;

“land” has the meaning assigned to it by the Act of 2000;

“light rail vehicle” means a vehicle with flanged wheels designed to run on a light railway;

“light railway” means a railway designated as a light railway in a railway order issued under section 43 ;

“local authority” has the meaning assigned to it by the Act of 1993;

“metro” means a railway designated as a metro in a railway order issued under section 43 ;

“Minister” means Minister for Public Enterprise;

“planning authority” has the meaning assigned to it by the Act of 2000;

“public place” has the meaning assigned to it by the Act of 1961;

“public road” has the meaning assigned to it by the Act of 1993;

“railway” means a railway (whether above, on or under the ground) whose operation is authorised by a railway order;

“railway infrastructure” means any land, buildings, structures, equipment, systems, vehicles, services or other thing used in connection with, or necessary or incidental to, the movement of passengers or freight by railway;

“railway order” means an order under section 43 ;

“railway undertaking” means any person who has been granted a railway order or another person with whom that person has made arrangements under section 43 (6);

“railway works” means any works required for the purposes of a railway or any part of a railway, including works ancillary to the purposes aforesaid such as parking by buses or by persons using vehicles who intend to complete their journey by railway, and relocation of utilities, and in this definition “works” includes any act or operation of construction, excavation, tunnelling, demolition, extension, alteration, reinstatement, reconstruction, making good, repair or renewal;

“rights” in relation to a railway order includes rights which exist or which are proposed to be created in the order;

“road” has the meaning assigned to it by the Act of 1993;

“road authority” has the meaning assigned to it by the Act of 1993;

“substratum of land” means any subsoil or anything beneath the surface of land required—

(i) for the purposes of a tunnel or tunnelling or anything connected therewith, or

(ii) for any other purpose connected with a railway order;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to an enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act,

(d) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument.