10(1)Subject to sub-paragraph (2) below, the Secretary of State shall be responsible for, and make good to the Railways Board, costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to, or reasonably incurred by, the Railways Board—E+W
(a)by reason of the construction of the authorised works or any maintenance operations; or
(b)by reason of any act or omission of the Secretary of State, or of any person in his employ, or of his contractors or others whilst engaged in the construction of the authorised works or in carrying out any maintenance operations;
and the Secretary of State shall indemnify the Railways Board from and against claims and demands arising out of, or in connection with, the construction of the authorised works, the carrying out of any such operations or any such act or omission.
(2)The fact that any act or thing may have been done in accordance with plans approved by the engineer of the Railways Board, or in accordance with any requirement made by him, or under his supervision, shall not (if it was not attributable to the act, neglect or default of the Railways Board, or of any person in their employ, or of their contractors or agents) excuse the Secretary of State from any liability under this Part of this Schedule.
(3)The Railways Board shall give to the Secretary of State reasonable notice of any claim or demand referred to in sub-paragraph (1) above and no settlement or compromise of any such claim or demand shall be made without his prior consent.