Article 12 For protection of Trustees of Chatsworth Settlement

For the protection of the Trustees of the Chatsworth Settlement or other owner for the time being (“the owner”) of any lands adjoining the railway (“the estate”) which, at the date of the coming into force of this Order, are vested in the said Trustees the following provisions shall, unless agreed in writing between the operators and the owner, apply and have effect—

(1)

The operators shall erect and maintain to the reasonable satisfaction of the owner sufficient stockproof fences or other adequate barriers along the boundary between the estate and the lands held by the operators for the purpose of the railway;

(2)

The operators shall maintain the slopes of all embankments and cuttings on the railway where the same adjoins the estate and shall keep the same neatly trimmed and soiled or covered with sods of turf in every case to the reasonable satisfaction of the owner;

(3)

The operators shall maintain to the reasonable satisfaction of the owner all arches, tunnels, culverts, drains or other passages for water over, under or by the sides of the railway which are in existence at the date of the coming into force of this Order except so far as the same are the responsibility of any other authority, body or person;

(4)

Any obligation imposed on the operators by this article shall be in addition to and not in substitution for any obligations imposed on them by the Railways Clauses Consolidation Act 1845 or any other enactment;

(5)

Any dispute or difference between the operators and the owner under this article (other than a difference as to the construction of this article) shall be determined by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.