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41.—(1) Upon the coming into force of this Order—
(a)the Company is, to the exclusion of the owner, subject to all obligations statutory or otherwise relating to the railway line and the bridges and the airspace beneath them comprised in Railway No. 2 and referred to as plots 1 to 5 on the Order plans or any one of them (insofar as those obligations are still subsisting and capable of taking effect) to the intent that the owner shall be released from all such obligations; and
(b)the agreement made between BRB (Residuary) Limited and Rother Valley Railway Limited and dated 12 September 2007 is to terminate with immediate effect such that its terms may not be enforced.
(2) In this article, “the owner” means the Secretary of State for Transport or the National Highways Historical Railways Estate(1).
The term “Historical Railways Estate” includes over 3,100 structure and assets that were formally part of the railway network. The management of the Estate passed to National Highways in 2013 on the abolition of the British Rail Board (Residuary) Limited by the Public Bodies (Abolition of BRB (Residuary) Limited) Order 2013 (S.I. 2013/2314).
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