The Leeds Supertram (Land Acquisition and Road Works) Order 2001

20.—(1) The sum payable under paragraph 19 above shall include an amount equivalent to the relevant costs.

(2) Subject to the terms of any agreement between Railtrack and a relevant train operator regarding the terms of payment of the relevant costs of that train operator, Railtrack shall promptly pay to each relevant train operator the amount of any compensation which Railtrack receives by virtue of this paragraph which relates to the relevant costs of that train operator.

(3) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each relevant train operator as a consequence of any restriction in the use of Railtrack’s railway network as a result of the construction, maintenance, repair or failure of the specified works or any such failure, act or omission as is mentioned in paragraph 19 above; and

“relevant train operator” means any person who is authorised by a licence under section 8 of the Railways Act 1993 to act as the operator of a train on any part of a railway network in which the specified works are situated.

(4) The obligation under this paragraph to pay Railtrack the relevant costs shall in the event of default be enforceable directly by the relevant train operator concerned.