Paragraph 45 I1

England, Wales and Scotland

(1)

The undertaker must not submit the delivery and servicing plan to the relevant planning authorities in accordance with requirement 24 of Schedule 2 (Delivery and servicing plan) without having first consulted with Network Rail.

(2)

The undertaker must provide Network Rail with a draft of the delivery and servicing plan and Network Rail will within a period of 28 days beginning with the date on which the draft delivery and servicing plan is received by Network Rail serve written notice on the undertaker confirming—

(a)

any comments on the draft delivery and servicing plan; or

(b)

any reasonable amendments to the draft delivery and servicing plan as requested by Network Rail; or

(c)

that further information is required in order for Network Rail to make comments and/or reasonable amendments (in which case this sub-paragraph 45(2) will apply to such further information from the date of its receipt by Network Rail).

(3)

In the event that Network Rail fails to serve written notice in accordance with sub-paragraph 45(2) within 28 days of receipt no further consultation with Network Rail is required.

(4)

The undertaker must include any reasonable amendments which are requested by Network Rail and notified to the undertaker by Network Rail in the notice given pursuant to sub-paragraph 45(2)(b) in the draft delivery and servicing plan it submits to the relevant planning authorities in accordance with requirement 24 of Schedule 2 (Delivery and servicing plan) and the undertaker must not submit any such written details to the relevant planning authorities or finalise a delivery and servicing plan which Network Rail has not been consulted on in accordance with sub-paragraph 45(2) or 45(3).

(5)

Each notice and all other information required to be sent to Network Rail under the terms of this paragraph must—

(a)

be sent to the Company Secretary and General Counsel at Network Rail Infrastructure Limited, 1 Eversholt Street, London, NW1 2DN via Royal Mail plc’s special delivery service (or if this service is no longer being provided an appropriate recorded delivery postal service) and marked for the attention of the London North Western Route Level Crossing Manager; and

(b)

contain a clear statement on its front page that the matter is urgent and Network Rail must respond within 28 days of receipt.

(6)

In the event that any subsequent changes are made to the delivery and servicing plan following consultation with Network Rail, in so far as such changes impact on railway property, the undertaker must not submit any such written details to the relevant planning authorities or finalise any updates to the delivery and servicing plan without further consultation with Network Rail.

Annotations

Commencement

I1: Sch. 8 para. 45 in force at 2.12.2021, see art. 1