Paragraph 61 InterpretationI1
England, Wales and Scotland
The undertaker must not exercise the powers conferred by article 33(1)(b) (extinguishment of rights of statutory undertakers) in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.
The undertaker must not under the powers of this Order do anything—
which would result in railway property being incapable of being used or maintained except where the incapability of such use and maintenance is temporary and is with the consent of Network Rail; or
which would affect the safe running of trains on the railway but, for the avoidance of doubt, this does not apply where Network Rail upon prior written request by the undertaker has consented not to run trains on the railway temporarily.
The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.
Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it will never be unreasonable to withhold consent on reasonable operational or railway safety grounds.
Annotations
Commencement
- I1
Sch. 14 para. 61 in force at 27.2.2025, see art. 1