Article 10 For protection of Railtrack PLC

the Executive shall not in the exercise of the powers of this Order or the 1991 Act prevent pedestrian or vehicular access to any railway property; and

the provisions of article 6 of this Order shall not apply to any right of access of Railtrack PLC to any railway property.

any railway property shown on the land plans and described in the book of reference,

any lands, works or other property held in connection with any such railway property, and

any rights and obligations (whether or not statutory) of Railtrack PLC relating to any land, works or property referred to in this paragraph.

any reference to the railways board (other than in paragraph (18)) were a reference to Railtrack PLC;

paragraphs 2(a) and (3) were omitted; and

after paragraph (19) there were inserted the following paragraph–

“(19A)

(a)

The compensation payable under paragraph (19) above shall include a sum equivalent to the relevant costs.

(b)

Subject to the terms of any agreement between Railtrack PLC and the relevant train operators regarding the terms of payment of the relevant costs in respect of that train operator, Railtrack PLC shall promptly pay to each train operator the amount of any compensation which it receives under this paragraph which relates to the relevant costs of that train operator.

(c)

In this paragraph “relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction in the use of Railtrack PLC’s railway network as a result of the construction, maintenance or failure of the specified works or any such failure act or omission as is mentioned in paragraph (19) above.

(d)

The obligation under this paragraph to pay Railtrack PLC the relevant costs shall in the event of default be enforceable direct by the train operator concerned.”