High Speed Rail (London - West Midlands) Act 2017

Obligations to enter into agreements or execute instruments

11 (1) A transfer scheme may contain provision for imposing, on the transferor or a transferee, obligations—

(a) to enter into agreements with persons specified in the scheme, or

(b) to execute instruments in favour of persons specified in the scheme.

(2) Any person may be specified by virtue of sub-paragraph (1)(a) or (b) (including the transferor or a transferee).

(3) Where a scheme contains provision for imposing an obligation of the kind mentioned in sub-paragraph (1)—

(a) the scheme must specify or describe the agreement or instrument to which the obligation relates, and

(b) the obligation may be enforced in any authorised way by the person—

(i) with whom the agreement is to be entered into, or

(ii) in favour of whom the instrument is to be executed.

(4) In sub-paragraph (3)(b), “enforced in any authorised way” means enforced—

(a) in civil proceedings for an injunction,

(b) in civil proceedings for any other appropriate remedy or relief, or

(c) in any other way authorised by the scheme.

(5) The scheme may provide that sub-paragraph (4)(a) or (b)—

(a) does not apply in relation to the obligation, or

(b) applies in relation to the obligation subject to restrictions imposed by the scheme.