Paragraph 4

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)

Specified works (and any protective works specified by the engineer pursuant to paragraph 3(4) above) shall, when commenced, be constructed—

(a)

with all reasonable dispatch in accordance with the plans approved (or deemed to have been approved) or settled as aforesaid,

(b)

under the supervision (if given) and to the reasonable satisfaction of the engineer,

(c)

in such manner as to cause as little damage as is possible to railway property, and

(d)

so far as reasonably practicable, and except to the extent permitted by any approval of plans under paragraph 3(1) above, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Railtrack PLC or the traffic thereon, the operation of the Station or the use by passengers of railway property;

and, if any damage to railway property or any such interference or obstruction is caused or takes place in consequence of the construction of the specified works, the undertaker shall, notwithstanding any such approval as aforesaid, make good such damage and shall pay to Railtrack PLC, or procure the payment to Railtrack PLC of, all reasonable expenses to which Railtrack may be put and compensation for any loss or damage which it may sustain by reason of any such damage, interference or obstruction which may occur.