Article 38 Powers of disposal, agreements for operation, etc.

TfL may, with the consent of the Secretary of State, sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the authorised works and any land held in connection with them.

Without limitation on the scope of paragraph (1), TfL may enter into and carry into effect agreements with respect to any of the following matters, namely, the construction, maintenance, use and operation of the authorised works, or any part or parts of them, by any other person, and other matters incidental or subsidiary to, or consequential on those matters, and the defraying of, or the making of contributions towards, the cost of those matters by TfL or any other person.

Any agreement under paragraph (2) may provide, amongst other things, for the exercise of the powers of TfL in respect of the authorised works or any part of them, and for the transfer to any person of the authorised works or any part of them together with the rights and obligations of TfL in relation to them.

The exercise of the powers, benefits or rights transferred to any person in connection with any sale, lease, charge or disposal under paragraph (1), or any agreement under paragraph (2), is subject to the same restrictions, liabilities and obligations as would apply under this Order if those powers were exercised by TfL.