OpenLegislation

Paragraph 10

Original text. Later amendments are not shown.

(1)

Where, by reason of the stopping up of any highway pursuant to this Order, any apparatus belonging to an undertaker and laid or placed in such highway or elsewhere is rendered derelict or unnecessary, Railtrack shall, subject to sub-paragraph (2) below, pay to that undertaker the value of such apparatus (which shall then become the property of Railtrack) and the reasonable cost of and any incidental costs to the cutting off of such apparatus from any other apparatus, and of and incidental to the execution or doing of any works or things rendered necessary or expedient by reason of such apparatus being so rendered derelict or unnecessary.

(2)

Railtrack shall not under the provisions of this paragraph be required to pay to an undertaker the value of any apparatus rendered derelict or unnecessary if, to the reasonable satisfaction of the undertaker, other apparatus has at the expense of Railtrack been provided and laid and made ready for use in substitution for the apparatus so rendered derelict or unnecessary.