PART 2CROSSINGS

Agreement with highway authority16.

(1)

The highway authority may enter into an agreement or agreements with Network Rail with respect to—

(a)

the carrying out of any of the works under article 5(1) and (2) (power to construct and maintain works) which relate to highway land;

(b)

the construction of any new public right of way or street under the powers conferred by this Order and the maintenance of such a new right of way or street;

(c)

any stopping up, alteration or diversion of any right of way or street under the powers conferred by this Order and the maintenance of any such altered or diverted right of way or street; or

(d)

the execution in the street of any of the works referred to in article 7(1) (power to execute street works) which are not covered by article 5.

(2)

Such an agreement may, without prejudice to the generality of paragraph (1)—

(a)

make provision for the street authority to carry out any function under this Order which relates to the street in question;

(b)

specify the mechanism by which detailed design for works must be approved by the highway authority before works are implemented;

(c)

specify the mechanism by which information regarding any new highway can be provided to the highway authority to enable modification of the definitive map and statement as defined in section 53(1) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 198123; and,

(d)

contain such terms as to payment and otherwise as the parties consider appropriate.