The Network Rail (Chart Leacon) Order 2021

Facilities and rights for alternative apparatus

36.—(1) Where in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures the utility undertaker facilities and rights for the construction, use and maintenance and protection in land of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be no less favourable on the whole to the utility undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed, unless otherwise agreed by the utility undertaker or in default of agreement settled by arbitration in accordance with article 20 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker and agreed with the utility undertaker under sub-paragraph (1) in respect of any alternative apparatus are less favourable on the whole to the utility undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject may be referred to arbitration in accordance with article 20 (arbitration) of the Order and the arbitrator may make such provision for the payment of compensation by the undertaker to the utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case. In respect of the appointment of an arbitrator under this sub-paragraph article 20 (arbitration) of the Order shall apply.