Transfer of rights and obligations to undertaker, etc.3
1
Except as may be otherwise provided in this Order, as from the relevant date—
a
the railway or any part of it continues to be subject to all statutory and other provisions applicable to the railway at that date (in so far as those provisions continue in force and are capable of taking effect); and
b
the undertaker is to the exclusion of Network Rail—
i
entitled to the benefit of, and to exercise, all rights, powers and privileges relating to the railway or any part of it; and
ii
subject to paragraph (2), subject to all obligations, statutory or otherwise, relating to the railway or any part of it (in so far as those provisions continue in force and are capable of taking effect), with Network Rail released from all such obligations.
2
As from the relevant date sections 116 (transfer of responsibility for maintenance of highways on bridges over certain railways, inland waterways, etc.) to 118 (duty of highway authorities, etc., as respects bridges over certain railways or inland waterways) of the Transport Act 19687 apply to the railway or to the relevant part of it as if references to the British Railways Board were references to the undertaker.