1  Definitions

In each part of this Schedule 15 the following expressions (in addition to those specified in Schedule 1 (Definitions, Interpretations and Construction)) shall, save where the context or the express provisions of this Contract otherwise requires or admits, have the following meanings:

Accrued means, when applied to any item of Apparatus, Apparatus which has become the responsibility of the Service Provider pursuant to this Contract (and is therefore part of the Service) by reason of the application of the provisions of Schedule 16 (Change Protocol) and/or the provisions of this Schedule 15 and the terms Accrual and Accrued Apparatus shall be construed accordingly

Accrual Date shall have the meaning given to it in paragraph 7.2(a) of this Schedule 15

Apparatus Acceptance Notice shall have the meaning given to it in paragraph 3.1(c) of this Schedule 15 and paragraph 4.1(f) of this Schedule 15 (as the context requires)

De-Accrued means, when applied to any item of Apparatus, Apparatus which is no longer the responsibility of the Service Provider pursuant to this Contract by reason of the application of the provisions of paragraph 5 of this Schedule 15 and/or a Change under Schedule 16 (Change Protocol) and De-Accrual shall be construed accordingly

De-Accrual Notice shall have the meaning given to it in paragraph 5.1 of this Schedule 15

Development Particular Specification means a specification, that is not the Standard Development Specification, used as the specification for apparatus to be provided by the Authority or by a third party, where such apparatus is intended to be accrued as Apparatus that is Deemed to Comply

HA 1980 means the Highways Act 1980

Grampian Planning Condition means conditions imposed to a planning permission issued under Section 72 of the TCPA 1990

Relevant Action means any of the following actions of the Authority:

(a)  the Authority (in its capacity as Highways Authority under the HA 1980):

(i)  entering into a Section 38 Agreement;

(ii)  entering into a Section 278 Agreement;

(b)  the Authority (in its capacity as Planning Authority under the TCPA 1990):

(i)  entering into a Section 106 Agreement;

(ii)  imposing a Grampian Planning Condition;

(c)  any other requirements or actions of the Authority taken within its statutory powers

Required Standards means the Standard Development Specification and any special requirements notified by the Authority to the Service Provider pursuant to paragraph 4.1(a)(v) of this Schedule 15

Section 38 Agreement means a contract between a developer and the Authority under which the Authority agrees, pursuant to Section 38 of the HA 1980, to adopt highways which are maintainable at public expense

Section 106 Agreement means a contract between a developer and the Authority which, pursuant to Section 106 of the TCPA 1990, restricts or regulates the development of land

Section 278 Agreement means a contract between a developer and the Authority under which the Authority agrees, pursuant to Section 278 of the HA 1980, to the execution of highways works

Standard Development Specification means a technical specification, agreed from time to time between the Authority and the Service Provider, consistent with the relevant requirements of the Output Specification and used as the specification for apparatus to be provided by the Authority or a third party where such apparatus is intended to be accrued as Apparatus

TCPA 1990 means the Town and Country Planning Act 1990