Paragraph 6

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)

If any alterations or additions, either permanent or temporary, to railway property are reasonably necessary during the construction of the specified works or during a period of 12 months after the completion of those works in consequence of the construction of the specified works in order to ensure the safety of railway property or the continued safe and efficient operation of the railways of Railtrack PLC and Railtrack PLC gives to the undertaker reasonable notice of its intention to carry out such alterations or additions, the undertaker shall pay to Railtrack PLC the reasonable cost thereof 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 Railtrack in maintaining, working and, when necessary, renewing any such alterations or additions.

(2)

The engineer shall, in respect of the capitalised sums referred to in this paragraph provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

(3)

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 shall be set off against any sum payable by the undertaker to Railtrack PLC under this paragraph.