Paragraph 3

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 10 para 25 words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 18(a)-(e) table
Sch. 10 para 27 words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 18(a)-(e) table
Sch. 10 para. 24(2) words revoked by Communications Act 2003 (Consequential Amendments) 2003 Sch. 2 Table 2
Sch. 10 Pt. 3 para. 25 words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 4 para. 22(2)(a)
Sch. 10 Pt. 3 para. 27 words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 4 para. 22(2)(b)

(1)

The undertaker shall before commencing construction of any authorised work supply to Railtrack PLC proper and sufficient plans of that work and shall not commence construction of that work until—

(a)

the engineer has notified the undertaker in writing whether or not such work is a specified work; and

(b)

where the engineer notifies the undertaker that the work is a specified work, plans thereof have been approved in writing by the engineer (such approval not to be unreasonably withheld) or settled by mediation or arbitration in accordance with paragraph 15 below.

(2)

The notification required by sub-paragraph (1)(a) above shall be given not more than 10 days after such plans have been supplied to Railtrack PLC.

(3)

If by the end of the period of 28 days beginning with the date on which plans have been supplied to Railtrack PLC under sub-paragraph (1) above (or such shorter period as may be agreed between the undertaker and Railtrack PLC) the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.

(4)

When signifying his approval of the plans the engineer, may specify any protective works (whether temporary or permanent) which in his reasonable opinion should be carried out by the undertaker before commencement of the specified works to ensure the safety or stability of railway property, the continuation of safe and efficient operation of the railways of Railtrack PLC and the Station or the services of operators using the same (including any relocation of works, apparatus and equipment necessitated by the authorised works) and the comfort and safety of passengers or customers.