Page:South Yorkshire Light Rail Transit Act 1989(ukla19890019en).pdf/11

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South Yorkshire Light Rail Transit Act 1989
c. xix
9

The paged version of this document contained the following header content in the margin: Part IVcont

of 2 metres from any outer rail of the railway) or will necessitate the imposition of speed restrictions, or the substitution, diversion or suspension of train services; and

(ii) 28 days in all other cases:

(8)(a) When construction of any specified works is commenced the work shall be carried out—

(i) with all reasonable dispatch in accordance with plans approved or deemed to have been approved or settled as aforesaid;

(ii) under the supervision (if given) and to the reasonable satisfaction of the engineer;

(iii) in such manner as to cause as little damage to railway property as may be; and

(iv) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe user of any railway of the railways board or the traffic thereon and the use by passengers of railway property;

(b) If any damage to railway property or any such interference or obstruction shall be caused or take place, the Executive shall, notwithstanding any such approval as aforesaid, make good such damage and pay to the railways board all reasonable expenses to which they may be put and compensation for any loss which they may sustain by reason of any damage, interference or obstruction:

(9) Nothing in paragraph (8)(b) above shall impose any liability on the Executive for any damage, cost, expense or loss which is attributable to the neglect or default of the railways board or their servants or agents:

(10) The Executive shall—

(a) at all times afford reasonable facilities to the engineer for access to the specified works during their construction: and

(b) supply the engineer with all such information as he may reasonably require with regard to the specified works or the method of construction of those works:

(11) The railways board shall—

(a) at all times afford reasonable facilities to the Executive and their agents for access to any works carried out by the railways board under this section during their construction; and

(a) supply the Executive with such information as they may reasonably require with regard to such works or the method of construction of those works:}}

(12) If any alterations or additions (either permanent or temporary) to any operational railway of the railways board shall be reasonably necessary during the construction of the specified works, or during a period of 12 months after their completion, in consequence of the construction of the specified works, such alterations and additions may be made by the railways board and, if the railways board give to the Executive reasonable notice of their intention to make such alterations or additions, the Executive shall pay to the railways board the cost thereof as certified by the engineer, subject to the addition, in the case of permanent alterations and additions, of a capitalised sum representing the increased or additional cost of maintaining, working and, when necessary, renewing any such alterations or additions: