PART 4MISCELLANEOUS AND GENERAL

Modification of provisions in an agreement relating to the protection of Network Rail

19.—(1) The promoter is bound by the obligations of the Secretary of State for Transport under the relevant agreement as if it had been a party to that agreement.

(2) The modifications specified in paragraph (2) have effect with respect to the relevant agreement.

(3) The modifications referred to in paragraph (1) are—

(a)references to “Crossrail Works” in the relevant agreement include the authorised works; and

(b)references to “the powers in sections 5 to 9 of the Act” in the relevant agreement include reference to the powers conferred by Part 3 of this Order.

(4) The promoter is the alternative nominated undertaker for the purposes of clause 11.2 of the relevant agreement and must perform the obligations of the relevant agreement in so far as they relate to the authorised works.

(5) In this article “the relevant agreement” means the agreement dated 9th October 2006 between the Secretary of State for Transport and Network Rail relating to protective provisions in respect of the Crossrail Project.