Paragraph 7
A transfer scheme may make such incidental, supplementary, consequential and transitional provision as Network Rail and the undertaker consider appropriate.
The provision under sub-paragraph (1) that may be made by a transfer scheme includes (in particular) provision—
saving the effect of things done by or in relation to Network Rail,
for the undertaker to be treated as the same person in law as Network Rail,
for things done by or in relation to Network Rail to be treated as done by or in relation to the undertaker,
for things (including legal proceedings) being done by or in relation to Network Rail to be continued by or in relation to the undertaker, and
for references in a document to Network Rail, or to an employee or office-holder of Network Rail, to have effect with modifications specified in the transfer scheme.
The provision that may be made under sub-paragraph (2)(e) includes provision for references to Network Rail in any statutory provision, or any provision of an agreement to which Network Rail is not a party, to be treated as references to the undertaker, if and so far as the provision relates to the core Valley lines undertaking.
The references in this paragraph to agreements to which Network Rail is a party and to statutory provisions include, in particular, references to agreements to which Network Rail became a party by virtue of the Transport Act 1962f1 and the Railways Act 1993f2 and statutory provisions which apply to Network Rail by virtue of those Acts.
Annotations
Footnotes
- f1
- f2