OpenLegislation

Paragraph 50 I1

England and Wales

(1)

The undertaker shall not exercise the powers conferred by article 16 or the powers conferred by section 11(3) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Nexus.

(2)

The undertaker shall not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Nexus.

(3)

Except with the consent of Nexus, the undertaker shall not under the powers of Part 3 of this Order—

(a)

acquire or enter upon,

(b)

take or use, whether temporarily or permanently,

(c)

acquire any new right over, or

(d)

acquire any existing right of Nexus relating to,

any railway property.

(4)

Where Nexus is asked to give its consent pursuant to sub-paragraph (1), (2), or (3), such consent shall not be unreasonably withheld but may be given subject to reasonable conditions.

Annotations

Commencement

I1

Sch. 10 para. 50 in force at 26.8.2005, see art. 1