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The Banchory and Crathes Light Railway Order 2012

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For protection of sewerage and water undertakers

10.  For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Company and the undertaker concerned, apply and have effect:

(a)in this article, “the relevant pipe” in relation to an undertaker means any mains sewer or water supply pipe passing under or through the railway;

(b)the Company shall not raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld;

(c)where any relevant pipe is situated in or under any land owned or held for the purposes of the railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purposes of repairs;

(d)where any relevant pipe is required to be diverted for the purpose of the construction of the new railway, the Company shall undertake such diversion at their own expense;

(e)the Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe;

(f)nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relations between the Company and the undertakers with regard to any relevant pipe whether made before or after this Order comes into force;

(g)any difference arising between the Company and the undertakers under this article (other than a difference as to its meaning or construction) shall be referred to and settled by arbitration as regulated by the Arbitration (Scotland) Act 1894(1).

(1)

1894 c.13, which Act is prospectively repealed by the Arbitration (Scotland) Act 2010 but is currently in force for the purpose of statutory arbitration.

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