Paragraph 6

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

Sch. 10 para. 1(3) words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 17
Sch. 10 para. 2(8) words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 17
Sch. 10 para 3 words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 18(a)-(e) table
Sch. 10 para 4 words substituted by Communications Act 2003 (Consequential Amendments) 2003 Sch. 1 para. 18(a)-(e) table
Sch. 10 para. 1(6) words revoked by Communications Act 2003 (Consequential Amendments) 2003 Sch. 2 Table 2
Sch. 10 para. 3(2) revoked by Communications Act 2003 (Consequential Amendments) 2003 Sch. 2 Table 2

(1)

Notwithstanding the provisions of article 37 above, the provisions of this paragraph shall have effect except in so far as may be otherwise agreed between Railtrack and the undertaker.

(2)

If Railtrack gives notice to the undertaker, at any time prior to the opening of the Sunderland extension for public services operated by the undertaker, informing the undertaker that any designated apparatus is interfering with any specified equipment, the undertaker shall forthwith cease to use its designated apparatus until all necessary alterations and modifications have been carried out—

(a)

by the undertaker, to any designated apparatus, and

(b)

by Railtrack, to any specified equipment,

in order to remove the source of the interference.

(3)

If Railtrack gives notice to the undertaker after the opening of the Sunderland extension for public services operated by the undertaker that such interference as is mentioned in sub-paragraph (2) above is taking place, the undertaker and Railtrack shall use their best endeavours to determine what alterations and modifications to any designated apparatus or specified equipment should be carried out in order to remove the source of the interference.

(4)

Any alterations and modifications to any designated apparatus under sub-paragraph (2) above shall be carried out and completed by the undertaker with all reasonable despatch under the supervision (if given) and to the reasonable satisfaction of the engineer and the undertaker shall afford reasonable facilities to the engineer for access to the Sunderland extension during the carrying out of alterations and modifications under this paragraph.

(5)

Railtrack shall afford reasonable facilities to the undertaker for access to any specified equipment during the carrying out of any alterations and modifications thereto under this paragraph and such alterations and modifications shall be carried out and completed by Railtrack with all reasonable despatch.

(6)

The undertaker shall repay to Railtrack all costs, charges and expenses reasonably incurred by Railtrack—

(a)

in carrying out any alterations and modifications to specified equipment under sub-paragraphs (2) and (3) above; and

(b)

in respect of any supervision given by the engineer under sub-paragraph (4) above;

and the undertaker shall pay compensation to Railtrack for any loss which it may sustain by reason of any designated apparatus interfering with any specified equipment.

(7)

In this paragraph—

“designated apparatus” means any electric lines, circuits, wires, apparatus and other works of any description belonging to or used by the undertaker for the purpose of operating the Sunderland extension;
“the engineer” means an engineer to be appointed by Railtrack; and
“specified equipment” means any wire, line or apparatus from time to time used by Railtrack for the purpose of transmitting electrical energy or of radio, telegraphic, telephonic or electric signalling communications.