SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 7FOR THE PROTECTION OF RAILWAY INTERESTS

Approval of plans

schedule 8 paragraph 74 + 74.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 73(4) must, when commenced, be constructed—

schedule 8 paragraph 74 1 a + (a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 73;

schedule 8 paragraph 74 1 b + (b)under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

schedule 8 paragraph 74 1 c + (c)in such a manner as to cause as little damage as is possible to railway property; and

schedule 8 paragraph 74 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 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 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.