SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF RAILWAY INTERESTS

Interpretation

schedule 14 paragraph 33 + 33.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 32(4) must, when commenced, be constructed—

schedule 14 paragraph 33 1 a + (a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 32;

schedule 14 paragraph 33 1 b + (b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

schedule 14 paragraph 33 1 c + (c)in such manner as to cause as little damage as is reasonably possible to railway property; and

schedule 14 paragraph 33 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 the Company or the traffic on it 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 or a protective work, the undertaker must, regardless of any such approval, make good such damage and must pay to the Company all expenses properly and reasonably incurred by the Company and compensation for any direct loss which it may sustain by reason of any such damage, interference or obstruction.

(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 the Company or its servants, contractors or agents, or any liability on the Company with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or the undertaker’s employees, contractors or agents.