(1)Where the nominated undertaker considers that a matter affects—
(a)the construction, maintenance or operation of the rail link, and
(b)the construction, maintenance or operation of a railway asset which is not a rail link asset,
it may by notice in writing require the operator of the asset to enter into an agreement with it about how the matter is to be dealt with.
(2)Where the operator of a railway asset which is not a rail link asset considers that a matter affects—
(a)the construction, maintenance or operation of the asset, and
(b)the construction, maintenance or operation of the rail link,
it may by notice in writing require the nominated undertaker to enter into an agreement with it about how the matter is to be dealt with.
(3)The terms of an agreement under subsection (1) or (2) above shall be such as the nominated undertaker and the operator of the asset may agree or, in default of agreement, as may be determined by arbitration.
(4)For the purposes of subsections (1) and (2) above a railway asset is a rail link asset if—
(a)in the case of a railway asset consisting of any network, station or light maintenance depot, it is comprised in the rail link, and
(b)in the case of a railway asset consisting of any train being used on a network, the network is comprised in the rail link.
(5)In this section—
“light maintenance depot”, “network”, “railway asset” and “station” have the same meanings as in Part I of the Railways Act 1993; and
“operator”, in relation to a railway asset, means the person having the management of the asset for the time being.
Modifications etc. (not altering text)
C1S. 37 applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 para. 1(a)