Paragraph 33

If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work or a protective work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Nexus, such alterations and additions may be carried out by Nexus and if Nexus gives to the Council reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the Council must pay to Nexus the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Nexus in maintaining, working and, when necessary, renewing any such alterations or additions.

If during the construction of a specified work or a protective work by the Council, Nexus gives notice to the Council that Nexus desires itself to construct that part of the specified work or protective work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Nexus then, if the Council decides that part of the specified work or protective work is to be constructed, Nexus must assume construction of that part of the specified work or protective work and the Council must, regardless of any such approval of a specified work or protective work under paragraph 29(3), pay to Nexus all reasonable expenses to which Nexus may be put and compensation for any loss which it may suffer by reason of the execution by Nexus of that specified work or protective work.

If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving is to be set off against any sum payable by the Council to Nexus under this paragraph.

The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 34(a) provide such details of the formula by which those sums have been calculated as the Council may reasonably require.