Article 28 Power to operate and use railways
The undertaker may operate and use the railway and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
The railway shall be constructed to a nominal gauge of 600 millimetres.
Work No. 3 shall be so constructed and maintained as to ensure that the uppermost surface of the rails is level with the surrounding surfaces of any street in which they are laid.
Subject to paragraph (6) below and to article 35 below, the undertaker shall, for the purpose of operating Work No. 3, have the exclusive rights—
to use the rails, foundations and other apparatus used for the operation of the railway; and
to occupy any part of a street in which that apparatus is situated.
Any person who, without the consent of the undertaker or other reasonable excuse uses the apparatus mentioned in paragraph (4) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (4) above, except to the extent that the exercise of the right is constrained by the presence of the apparatus.