Article 6 Transfer of railway by undertaker

(1)

In this article—

“lease” includes an underlease and “lease”, where used as a verb, shall be construed accordingly;
“the owner” in relation to the land comprising the railway, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f1;
“the transferee” means any person to whom the railway, or any part of it, is leased in accordance with this article; and
“the transferred undertaking” means so much of the railway as is leased in accordance with this article.

(2)

The undertaker may, with the written consent of the owner and of the Secretary of State, enter into a lease of the railway, or any part of it, with the transferee on such terms and conditions as may be agreed between the undertaker and the transferee.

(3)

Except as otherwise provided in this Order—

(a)

the transferred undertaking continues to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease (in so far as those provisions continue in force and are capable of taking effect); and

(b)

the transferee is, to the exclusion of the undertaker—

(i)

entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the transferred undertaking; and

(ii)

subject to all obligations, statutory or otherwise, relating to the transferred undertaking (in so far as those provisions continue in force and are capable of taking effect), with the undertaker released from all such obligations.

(4)

Paragraph (3) has effect during the term of any lease granted under paragraph (2).

Annotations

Footnotes

f1: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.