Power to construct, operate and maintain works
3.—(1) Network Rail may construct, operate and maintain the scheduled works.
(2) Subject to article 4, the scheduled works may only be constructed in the lines or situations shown on sheet no. 1 of the Order plans and in accordance with the levels shown on the Order sections.
(3) Subject to paragraph (5), Network Rail may carry out, operate and maintain such ancillary works of the sort broadly described in Schedule 2 as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction or use of the scheduled works.
(4) Network Rail may carry out ancillary works of the sort broadly described in paragraph 7 of Schedule 2 to provide for, or share with, the apparatus or street furniture of any other person, and may permit the use of those works on terms and conditions agreed with that other person.
(5) Paragraph (3) only authorises the carrying out, operation or maintenance of ancillary works of the sort broadly described—
(a)in paragraphs 2 and 8 of Schedule 2 within the limits of deviation; and
(b)in paragraphs 1, 3, 9 and 11 of that Schedule within the Order limits.