Article 12 Public Liability Insurance

• “approved” means approved by the Council;

• “insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982^f1 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community.

  1. (b)

     The Company shall at all times during the continuance of any lease or leases granted under article 4(1) of this Order maintain an approved public liability policy in the joint names of the Company and the Council with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Company’s railway of not less than £5 million and in default thereof the Council may (without prejudice to any other powers granted under this Order) effect and maintain such a policy in respect of the Company’s railway and pay the premiums payable in respect thereof so that the premiums so paid and all incidental expenses shall be repaid by the Company to the Council.

  2. (c)

     The Company shall at the request of the Council produce to the Council such evidence as may be requisite for the purpose of providing compliance with the foregoing provisions in this paragraph.

  3. (d)

     The Company shall not work the Company’s railway unless there is in force such a public liability policy as is hereinbefore referred to.

  4. (e)

     If the Company shall fail to comply with the provisions of sub-paragraphs (b) or (d) of this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.

Notwithstanding and without prejudice to the provisions of the foregoing paragraph of this article the Council may effect and maintain public liability policies in its own name with an insurer providing such cover for such period or periods and generally in such manner as the Council may from time to time determine.

The adequacy of the cover provided by a public liability policy maintained in accordance with paragraph (1) of this article shall be regularly reviewed by the Company.