Paragraph 63 I1

England and Wales

(1)

Any specified work and any protective works to be constructed by virtue of paragraph 62(4) must, when commenced, be constructed—

(a)

without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 62;

(b)

under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

(c)

in such manner as to cause as little damage as is possible to railway property; and

(d)

so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.

(2)

If any damage to railway property or any interference or obstruction referred to in sub-paragraph (1)(d) is caused by the carrying out of, or in consequence of, the construction of a specified work, the undertaker must, regardless of any approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3)

Nothing in this Part imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its employees, contractors or agents or any liability on Network Rail with respect to any damage, costs, expenses or loss attributable to the negligence of the undertaker or its employees, contractors or agents.

Annotations

Commencement

I1: Sch. 9 para. 63 in force at 11.10.2023, see art. 1