{
  "url": "https://openlegislation.uk/greater-manchester-light-rapid-transit-system-eccles-extension-order-1996/article-49",
  "json_url": "https://openlegislation.uk/greater-manchester-light-rapid-transit-system-eccles-extension-order-1996/article-49.json",
  "legislation": "uksi/1996/2714",
  "legislation_title": "The Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996",
  "legislation_url": "https://openlegislation.uk/greater-manchester-light-rapid-transit-system-eccles-extension-order-1996",
  "path": "article/49",
  "kind": "article",
  "number": "49",
  "heading": "For protection of British Railways Board",
  "text": "For the protection of the railways board, the following provisions shall, unless otherwise agreed in writing between the undertaker and the railways board, have effect—\n“(1) In this article—\n“construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;\n“specified works” has the meaning given by article 50 of this Order.\n(2) The undertaker shall be responsible for and make good to the railways board all losses (including revenue losses) and reasonable costs, charges, damages and expenses not otherwise provided for in this article (and which would not otherwise be recoverable from a third party) which may be occasioned to or reasonably incurred by the railways board—\n(a) by reason of the construction or maintenance of the specified works or the failure thereof; or\n(b) by reason of any act or omission of the undertaker or of any persons in their employ or of their contractors or others whilst engaged upon the specified works;\nand the undertaker shall effectively indemnify and hold harmless the railways board from and against all claims and demands arising out of or in connection with the specified works or any such failure act or omission as aforesaid and the fact that any act or thing may have been done by the railways board on behalf of the undertaker shall not (if it was done without negligence on the part of the railways board or of any person in their employ or of their contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph:—\nProvided that the railways board shall give to the undertaker reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the undertaker.\n(3) In the assessment of compensation payable under this article there shall not be taken into account any enhancement of that compensation attributable to any action taken by or any agreement entered into by the railways board if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining compensation or increased compensation and for the avoidance of doubt any reference in this paragraph to compensation shall be deemed to relate to any payment due to the railways board under this article.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/2714/article/49",
    "retrieved_at": "2026-10-29T12:33:17.409589+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}