Paragraph 30 I1

England and Wales

(1)

The undertaker must not exercise the powers conferred by—

(a)

article 19 (discharge of water);

(b)

article 21 (authority to survey and investigate the land);

(c)

article 47 (felling or lopping); and

(d)

article 48 (trees subject to Tree Preservation Orders);

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2)

The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3)

The undertaker must not exercise the powers conferred by sections 271 or 272 of the 1990 Act, article 37 (power to override easements and other rights) or article 42 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4)

The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

(5)

The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

(6)

Where Network Rail is asked to give its consent pursuant to this paragraph—

(a)

such consent must not be unreasonably withheld but may be given subject to reasonable conditions, but it will not be considered unreasonable to withhold consent for reasons of operational or railway safety (such matters to be in Network Rail’s absolute discretion); and

(b)

any such request must not be unreasonably delayed and if, by the end of 28 days beginning with the date on which such request for Network Rail’s consent was made, Network Rail has not intimated its refusal together with the grounds of any such refusal of such consent, the undertaker may serve upon Network Rail written notice requiring Network Rail to intimate approval or disapproval within a further period of 14 days beginning with the date upon which Network Rail receives written notice from the undertaker. If by the expiry of the further 14 days Network Rail has not intimated consent or refusal of consent, Network Rail is deemed to have given consent for the exercise of the respective powers.

(7)

The undertaker must enter into an asset protection agreement prior to the carrying out of any specified work.

Annotations

Commencement

I1: Sch. 14 para. 30 in force at 4.10.2024, see art. 1