PART 6MISCELLANEOUS AND GENERAL

Powers of disposal, agreements for operation, etc.44

1

Subject to paragraph (5) DLRL may, with the consent of the Secretary of State sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit—

a

the whole or any part of the authorised works and any land held in connection therewith; and

b

the whole or any part of the abandoned railway formation.

2

Without prejudice to the generality of paragraph (1) but subject to paragraph (5), DLRL may enter into and carry into effect agreements with respect to any or all of the following matters—

a

the construction, maintenance, use and operation of the authorised works, or any part of them, by any other person;

b

the exercise of the powers of article 4 in relation to the abandoned railway formation, or any part of it, by any other person;

c

other matters incidental or subsidiary thereto or consequential thereon; and

d

the defraying of, or the making of contributions towards, the cost of those matters by DLRL or any other person.

3

Any agreement under subsection (2) may provide, among other things, for the exercise of the powers of DLRL in respect of the authorised works or the abandoned railway formation or any part thereof, and for the transfer to any person of the authorised works or the abandoned railway formation or any part thereof together with the rights and obligations of DLRL in relation thereto.

4

The exercise of the powers of any enactment by any person in pursuance of any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (2), shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by DLRL.

5

DLRL shall not exercise the powers of this article in relation to Work No.2 without the consent of Network Rail, which shall not be unreasonably withheld or delayed.

6

Sections 163 and 207(2) of the Greater London Authority Act 199927 shall not apply to the disposal of any freehold interest in land or the grant of a leasehold interest in land where consent for such disposal or grant is required under paragraph (1).