5. After article 4(7) of the Nomination Order there shall be inserted the following:
“5.—(1) On the relevant date there shall transfer to the relevant transferee all rights conferred by the Act, and all liabilities, duties and obligations imposed by or arising under the Act, which, immediately before that date, were the rights, liabilities, duties or obligations of Union Railways (South) Limited so far as concerns any purpose or matter connected with or relating to the shared works or (as the case may be) the southern works.
(2) All legal and other proceedings pending on the relevant date may be amended in such manner as may be necessary or proper in consequence of paragraph (1), and any cause of action or proceeding pending or existing on that day by or against Union Railways (South) Limited may be continued, prosecuted or enforced by or against the relevant transferee.
(3) Where, before the relevant date—
(a)any notice or other document has been given by or to Union Railways (South) Limited under the Act in connection with or in relation to the shared works or (as the case may be) the southern works, or
(b)any request for consent or approval has been made (whether or not it has been determined) or other thing done by Union Railways (South) Limited under the Act in connection with or relating to those works,
it shall have effect as if given by or to, made or done by or determined in respect of the relevant transferee.
(4) Nothing in paragraphs (1) to (3) shall have the effect, as between Union Railways (North) Limited, Union Railways (South) Limited and CTRL (UK) Limited, of overriding any agreement made between them (whether before or after the relevant date) concerning the apportionment between any of them of responsibility for liabilities or the exercise of rights which transfer under paragraph (1), including any agreement as to the making of payments or the indemnification of one by another.
(5) In this article “the relevant transferee” means CTRL (UK) Limited in relation to any purpose or matter connected with or relating to the shared works or the southern works, or both.
(6) In this article “the relevant date” means 4th November 2003.”.