The Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 2001

Article 15

SCHEDULE 2 FOR PROTECTION OF RAILTRACK PLC

1.  For the protection of Railtrack PLC the following provisions shall, unless otherwise agreed in writing between the Executive and Railtrack PLC, have effect.

2.  In this article “railway property” has the same meaning as in section 18 (for protection of British Railways Board) of the 1994 Act.

3.  The Executive shall not in the exercise of article 8 above appropriate any works of Railtrack PLC.

4.  Except with the consent of Railtrack PLC—

(a) the Executive shall not in the exercise of the powers of this Order or the 1994 Act prevent pedestrian or vehicular access to any railway property, and

(b) the provisions of article 11 above shall not apply to any right of access of Railtrack PLC to any railway property.

5.  The consent of Railtrack PLC for the purpose of paragraph 4 above shall not be unreasonably withheld but may be given subject to reasonable conditions.

6.  Section 18 (For protection of British Railways Board) of the 1994 Act shall have effect as if—

(a) references to the railways board were references to Railtrack PLC,

(b) after paragraph (18) there were inserted the following paragraph—

“(18A) (a) The compensation payable under paragraph (18) above shall include a sum equivalent to the relevant costs.

(b) Subject to the terms of any agreement between Railtrack PLC and the relevant train operators regarding the terms of payment of the relevant costs in respect of that train operator, Railtrack PLC shall promptly pay to each train operator the amount of any compensation which it receives under this paragraph which relates to the relevant costs of that train operator.

(c) In this paragraph—

“relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction in the use of Railtrack PLC’s railway network as a result of the construction, maintenance or failure of the specified works or any such failure act or omission as is mentioned in paragraph (18) above; and

“train operator” means any person who operates trains in accordance with a licence under section 8 of the Railways Act 1993(1) or an exemption under section 7 of that Act.

(d)

The obligation under this paragraph to pay Railtrack PLC the relevant costs shall in the event of default be enforceable direct by the train operator concerned.”.

7.  Any dispute arising between the Executive and Railtrack PLC under this article (other than a dispute as to the meaning or construction of this article) shall be referred to and settled by arbitration in the manner provided by section 47 of the Greater Manchester (Light Rapid Transit System) Act 1988(2).

(1)

1993 c. 43.

(2)

1988 c. i.