The Croxley Rail Link Order 2013

Transfer of former Croxley Green Branch line

36.—(1) The Council and Network Rail and LUL may, subject in the case of Network Rail to compliance with the terms of its network licence, any relevant operational procedures and obligations under statute, carry into effect agreements entered into for the transfer to the Council or LUL or in part to the Council and in part to LUL of—

(a) all or part of the former Croxley Green Branch line; and

(b) rights and obligations (whether or not statutory) of Network Rail relating to the former Croxley Green Branch line,

and for the transfer back to Network Rail in such circumstances as may be specified in the agreement, of all or part of the former Croxley Green Branch line and any such rights and obligations.

(2) The Council and LUL may carry into effect agreements entered into for the transfer to LUL of any lands works or property and any rights and obligations transferred to the Council in accordance with paragraph (1).

(3) The Council or LUL may use so much of the former Croxley Green Branch line as is within the Order limits in connection with the construction, maintenance and operation of the authorised works, and the 1907 Act, so far as not repealed by paragraph (4), has effect subject to the provisions of this Order.

(4) Subject to paragraphs (5) and (6), on the date of the transfer to the Council or LUL of all or part of the former Croxley Green Branch line under the powers conferred by this Order so much of the 1907 Act is repealed as relates to that part of the former Croxley Green Branch line which lies outside the limits of deviation for Work No. 1.

(5) Nothing in paragraphs (3) and (4) affects any provision in the 1907 Act which expressly provides for—

(a) the protection of the owner, lessee or occupier of any properties specifically identified in the provision; or

(b) the protection or benefit of any public trustees or commissioners, corporation or other person specifically named in such provision.

(6) The repeal of the provisions of the 1907 Act mentioned in paragraph (4) do not affect the continued operation and effect of any deed, or of any other agreement or instrument (whether or not executed under seal), relating to any land, works or property referred to or affected by those provisions and in existence before the repeal takes effect.

(7) In this article—

“the former Croxley Green Branch line” means the land belonging to Network Rail within the land shown numbered 41, 41a, 42, 44, 44a, 44b, 53, 54, 59, 64, 66, 69, 78, 79, 80, 86, 87, 89, 93 and 94 and the land hatched black on the deposited plans including any works, apparatus and equipment belonging to Network Rail within that land and any easement of other property interest or right held or used by Network Rail in connection with such land, works, apparatus or equipment; and

“the 1907 Act” means the London and North Western Railway Act 1907(1).

(1)

1907 c. clxxxvii.