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23.—(1) Nothing in paragraphs 19(5), 20(3), 21, 22(3) and (4) authorises the Agency to execute works on or affecting an operational railway forming part of Network Rail’s network without the prior consent in writing of Network Rail such consent not to be unreasonably withheld or delayed.
(2) Network Rail is deemed to have given its consent if it has not refused consent within 2 calendar months of receiving a written request by the Agency.
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