Agreements with Railtrack
26.—(1) In this article–
“the designated lands” means so much of the land of Railtrack as is described in article 17(2) of this Order;
“the specified works” means so much of the scheduled works as will be constructed on or over the designated lands.
(2) Any work of alteration or adaptation of property of Railtrack which may be necessary in order to construct the specified works and thereafter the use, maintenance, repair and renewal of such property and of the specified works shall be carried out and regulated by the Company or Railtrack, or by the Company and Railtrack jointly, in accordance with such terms and conditions as may be agreed in writing between the Company and Railtrack.
(3) (a) Any agreement made under this article may relate to the whole or part of the designated lands or the specified works and may contain such incidental, consequential or supplementary provisions as may be so agreed, including (but without prejudice to the generality of the foregoing) provisions–
(i)with respect to the defraying of, or the making of contributions towards, the cost of such works or alteration or adaptation or the costs of such maintenance, repair and renewal as are referred to in paragraph (2) above by the Company or by Railtrack or by the Company and Railtrack jointly; and
(ii)for the exercise by Railtrack, or by the Company, or by Railtrack and the Company jointly, of all or any of the powers and rights of Railtrack and the Company (as the case may be) in respect of any part of the designated lands or the specified works under any enactment or contract.
(b)The exercise by the Company or Railtrack or by the Company and Railtrack jointly, of any powers and rights under any enactment or contract pursuant to any such agreement as is authorised by sub-paragraph (a) above shall be subject to all statutory and contractual provisions relating thereto as would apply if such powers and rights were exercised by the Company or Railtrack (as the case may be) alone, and accordingly such provisions shall with any necessary modifications apply to the exercise of such powers and rights by the Company or Railtrack, or by the Company and Railtrack jointly, as the case may be.
(4) In constructing the specified works the Company may re-align so much of the North London Line as lies within the limits of deviation of Work No. 1 in such position and on such terms as shall be agreed between the Company and Railtrack.
(5) The Company and Railtrack may enter into, and carry into effect, agreements for the transfer to the Company of–
(a)any part of the designated lands,
(b)any lands, works or other property held in connection with any part of the designated lands, and
(c)any rights and obligations (whether or not statutory) of Railtrack relating to any part of the designated lands.
(6) In this article “the North London Line” has the same meaning as in Part I of Schedule 1 to this Order.