The Swanage Light Railway (Extension) Order 1993

For the protection of the Board

11.  The following provisions shall, unless otherwise agreed in writing between the Company and the Board, apply and have effect:—

(1) In this article:—

“railway property” means any railway of the Board, and any works connected therewith for the maintenance and operation of which the Board are responsible, and includes any lands held or used by the Board for the purposes of such railway or works;

“specified works”means so much of the works (whether temporary or permanent) authorised by this Order, or section 16 of the Railways Clauses Consolidation Act 1845, as incorporated with this Order, as may be situated upon, across, under, over, or within 25 metres of, or may in any way affect, railway property, and includes the maintenance and renewal of such works;

“construction” includes execution, placing, and altering, and “construct” and “constructed” have corresponding meanings;

“the engineer” means an engineer to be appointed by the Board;

“plans” include sections, drawings, specifications, soil reports, calculations and descriptions (including descriptions of methods of construction).

(2) The Company shall, before commencing the specified works (other than works of maintenance or repair), furnish to the Board proper and sufficient plans thereof, for the reasonable approval of the engineer, and shall not commence the specified works until plans thereof have been approved in writing by the engineer, or settled by arbitration.

• Provided that, if, within 56 days after such plans have been furnished to the Board, the engineer shall not have intimated his disapproval thereof, and the grounds for his disapproval, he shall be deemed to have approved the same.

(3) If, within 56 days after such plans have been so furnished, the Board shall give notice to the Company, that the Board desire to construct any part of the specified works themselves, which, in the opinion of the engineer will, or may, affect the operation or stability of railway property, then, if the Company desire such part of the specified works to be constructed by the Board, the Board shall construct the same with all reasonable dispatch, on behalf of, and to the reasonable satisfaction of the Company, in accordance with the plans approved, or deemed to be approved, or settled, as aforesaid.

(4) Upon signifying his approval, or disapproval, of the plans, the engineer may specify any protective works, whether temporary or permanent, which, in his opinion, should be carried out before the commencement of the specified works, to ensure the safety, or stability, of railway property, and such protective works as may be reasonably necessary for those purposes, shall be constructed by the Board, or by the Company, if the Board so desire, with all reasonable dispatch, and the Company shall not commence the construction of the specified works until the engineer shall have notified the Company that the protective works have been completed to his reasonable satisfaction.

(5) The Company shall give to the engineer not less than 28 days notice in writing of their intention to commence the construction of any of the specified works and, except in emergency, (when they shall give such notice as may be reasonably practicable) also of their intention to carry out any works for the repair or maintenance of the specified works.

(6) The specified works shall, when commenced, be carried out with all reasonable dispatch, in accordance with the plans approved, or deemed to have been approved or settled as aforesaid, and under the supervision (if given) and to the reasonable satisfaction of the engineer, and in such manner as to cause as little damage to railway property as may be, and so far as is reasonably practicable, so as not to interfere with, or obstruct, the free uninterrupted and safe use of railway property, or traffic thereon, and if any damage to railway property, or any such interference, or obstruction, shall be caused, or take place, the Company shall, notwithstanding any such approval as aforesaid, make good such damage, and shall, on demand, pay to the Board all expenses to which they may be put, and compensation for any loss which they may sustain by reason of such damage, interference or obstruction.

(7) The Company shall, at all times, afford reasonable facilities to the engineer, for access to the specified works during their construction, and shall ensure access for the engineer at all reasonable times to all working sites, depots, and works, at which materials to be employed in the construction of the specified works are being made, constructed, or assembled, and shall supply him with all such information as he may reasonably require, with regard to the specified works, or the method of construction thereof.

(8) If any alterations, or additions, either permanent or temporary, to railway property shall be reasonably necessary, in consequence of the construction of the specified works, such alterations and additions may be effected by the Board, after notice has been given to the Company, and the Company shall pay to the Board, on demand, the cost thereof, as certified by the engineer, including, in respect of permanent alterations and additions, a capitalised sum representing the increased or additional cost of maintaining, working, and, when necessary, renewing any such alterations or additions.

(9) The Company shall repay to the Board all costs, charges, and expenses reasonably incurred by the Board:—

(a) in constructing any part of the specified works on behalf of the Company, as provided by paragraph (3) above, or in constructing any protective works under the provisions of paragraph (4) above, including, in respect of permanent protective works, a capitalised sum representing the cost of maintaining and renewing such works;

(b) in respect of the employment of any inspectors, signalmen, watchmen and other persons, whom it shall be reasonably necessary to appoint, for inspecting, watching, lighting and signalling, railway property, and for preventing, as far as may be, all interference, obstruction, danger, or accident, arising from the construction, maintenance, repair, or failure, of the specified works.

(c) in respect of the approval by the engineer of plans submitted by the Company, and the supervision by him of the specified works;

(10) If, at any time after the completion of the specified works, not being works vested in the Board, the Board shall give notice to the Company, informing them that the state of repair of the specified works appears to be such as to affect prejudicially railway property, the Company shall, on receipt of such notice, take such steps as may be reasonably necessary to put the specified works in such state of repair as not to affect prejudicially railway property and, if, and whenever, the Company fail to do so, and at any time, in cases of emergency, (without being required to give notice as aforesaid) the Board may make and do in, and upon, the lands of the Board, or of the Company, all such works and things as shall be reasonably requisite, to put the specified works into such state of repair as aforesaid, and the costs and expenses reasonably incurred by the Board in so doing, shall be repaid to them by the Company.

(11) All temporary structures, erections, works, apparatus and appliances, erected, or placed, by the Company under the powers of this Order upon, over, or under, any railway of the Board, shall, as soon as may be reasonably practicable, be removed by the Company, at times to be agreed with, and to the reasonable satisfaction of, the engineer, and in such a way as to cause as little damage to railway property, and as little interference with, or interruption to, the traffic of the Board as may be, and if any damage to railway property, or such interference, delay or interruption shall be caused by any such failure to remove any such temporary structures, erections, works, apparatus or appliances, the Company shall forthwith make good such damage, and pay to the Board the reasonable costs and expenses to which they may be put, and reasonable compensation for any loss which they may sustain by reason of such damage, interference, delay or interruption.

(12) Any additional expense which the Board may reasonably incur, after giving two months notice to the Company, in widening, altering, reconstructing, or maintaining railway property, in pursuance of any powers existing at the date of the making of this Order, by reason of the existence of the specified works, shall be repaid by the Company to the Board.

(13) The Company shall be responsible for, and make good to the Board, all costs, charges, damages and expenses not otherwise provided for in this article, which may be occasioned to, or reasonably incurred by the Board:—

(a) by reason of the specified works, or the failure thereof; or

(b) by reason of any act or omission of the Company, or of any persons in their employ, or of their contractors, or others whilst engaged upon the specified works;

and the Company shall effectively indemnify, and hold harmless the Board from and against all claims and demands arising out of, or in connection with, the specified works, or any such failure, act or omission as aforesaid, and the fact that any act or thing may have been done by the Board on behalf of the Company, or in accordance with plans approved by the engineer, or in accordance with any requirement of the engineer or under his supervision, shall not (if it was done without negligence on the part of the Board, or of any person in their employ, or of their contractors or agents) excuse the Company from any liability under the provisions of this article:

• Provided that the Board shall give to the Company reasonable notice of any claim or demand as aforesaid, and no settlement or compromise thereof shall be made without the prior consent of the Company.

(14) Any difference arising between the Company and the Board under this article, (other than a difference as to the meaning or construction of this article), shall be referred to, and settled by, a single arbitrator to be agreed between the parties, or failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.