Article 41 Agreements with Network Rail and railway enactments
DLRL and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to DLRL of—
any abandoned railway property shown on the deposited plans and described in the book of reference;
any lands, works or other property held in connection with any such abandoned railway property; and
any rights and obligations (whether or not statutory) of Network Rail relating to any land, works or property referred to in this paragraph.
Where—
agreement is made for the transfer to DLRL of any land, works and property under paragraph (1), or
agreement was made for the transfer from Network Rail to DLRL of any land, works and property before the date of the coming into force of this Order which, had it been made on or after that date, could have been made under paragraph (1),
DLRL may adapt for use, maintain, use and operate any railway on, in, over or under that land, works and property.
Subject to paragraph (4), any enactment by which any railway within the Order limits or the temporary land was authorised, including the enactments specified in Part 1 of Schedule 16, and the enactments specified in Part 2 of Schedule 16 so far as not repealed by paragraph (5), shall have effect subject to the provisions of this Order.
Nothing in paragraph (3) shall prejudice any express statutory provision for—
the protection of the owner, lessee or occupier of any property specifically identified by the provision; or
the protection or benefit of any public trustees or commissioners, corporation or other person, specifically named in such provision.
Subject to paragraph (6), on the date of the transfer to DLRL of Network Rail’s freehold interest in the land within the limits of deviation for Work No.1, or so much of that interest as DLRL may require for the purposes of that work—
the enactments mentioned in Part 2 of Schedule 16 shall be repealed to the extent specified in the third column of that Part of that Schedule and to the extent that they apply to the abandoned railway formation; and
any enactment except this Order not so mentioned and specified shall be repealed or revoked to the extent that it applies to the abandoned railway formation.
The repeal of the enactments mentioned in paragraph (5) shall not prejudice the continued operation and effect of any deed, or of any other agreement or instrument (whether or not executed under seal), relating to any land, works or property referred to or affected by any of those enactments and in existence before the repeal takes effect.
In this article, “abandoned railway property” means any railway belonging to Network Rail and any station, land, works, apparatus and equipment belonging to Network Rail or connected therewith and includes any easement of other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment, which is intended to be, or has been, abandoned by Network Rail in consequence of the construction of the works authorised by this Order.