SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF RAILWAY INTERESTS

schedule 15 paragraph 39 + 39.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 38(4) of this Part of this Schedule must, when commenced, be constructed—

schedule 15 paragraph 39 1 a + (a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 38 of this Part of this Schedule;

schedule 15 paragraph 39 1 b + (b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

schedule 15 paragraph 39 1 c + (c)in such manner as to cause as little damage as is possible to railway property; and

schedule 15 paragraph 39 1 d + (d)so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put in accordance with the indemnity provided at paragraph 48(1) of this Part of this Schedule.

(3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.