Paragraph 43 I1

England, Wales and Scotland

The construction of the specified works, any protective works and any alterations and additions to them carried out by the Council must be carried out in such a way so as not to prejudice the safety of LUL’s railway and without limitation to this obligation those works, when commenced, must be carried out—

(a)

without unnecessary delay in accordance with the plans approved or settled in accordance with this Part of this Schedule;

(b)

under the supervision (if required by the engineer), and to the reasonable satisfaction of the engineer;

(c)

in such manner as to mitigate against any damage to the railway property; and

(d)

so far as reasonably practicable, so as not to interfere with or obstruct the free uninterrupted and safe use of LUL’s railway, the conduct of traffic on the railways of LUL and the use by passengers of railway property,

and if any damage to railway property or any such interference or obstruction is caused by the carrying out of the specified works or any protective works carried out, the Council must, notwithstanding any approval in accordance with this Part of this Schedule, make good such damage and must pay to LUL all reasonable expenses to which LUL may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

Annotations

Commencement

I1: Sch. 9 para. 43 in force at 21.8.2013, see art. 1