# The Ecclesbourne Valley Railway Order 2015, Article 4: Transfer of rights and obligations to the undertaker, etc.


(1) Except as may be otherwise provided in this Order, as from the date upon which that part of the railway owned by Network Rail is transferred to the undertaker—
(a) the railway or any part of it continues to be subject to all statutory and other provisions applicable to it at that date (in so far as those provisions continue in force and are capable of taking effect); and
(b) the undertaker is, to the exclusion of Network Rail—
(i) entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the railway; and
(ii) subject to paragraph (c), subject to all obligations, statutory or otherwise, relating to the railway (in so far as they are still in force and capable of taking effect), to the intent that Network Rail is released from all such obligations; and
(c) sections 116 (transfer of responsibility for maintenance of highways on bridges over certain railways, inland waterways, etc.), section 117 (duty as respects bridges carrying highways) and section 118 (duty of highway authorities, etc., as respects bridges over certain railways or inland waterways) of the Transport Act 1968 apply to the railway or the relevant part of it as if references to the “Railways Board” were references to the undertaker.
(2) Except as may be otherwise provided in this Order, as from the date upon which that part of the railway owned by Lafarge Tarmac is transferred to the undertaker –
(a) the railway or any part of it continues to be subject to all statutory and other provisions applicable to it at that date (in so far as those provisions continue in force and are capable of taking effect); and
(b) the undertaker is, to the exclusion of Lafarge Tarmac—
(i) entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the railway; and
(ii) subject to all obligations, statutory or otherwise, relating to the railway (in so far as they are still in force and capable of taking effect), to the intent that Lafarge Tarmac is released from all such obligations.

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Source: https://www.legislation.gov.uk/uksi/2015/1652/article/4 (the official version)
Page: https://openlegislation.uk/ecclesbourne-valley-railway-order-2015/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.