Power to operate and use railway5.

(1)

The undertaker may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.

(2)

Nothing in this Order prejudices or affects the operation of Part 1 (the provision of railway services) of the Railways Act 19934.

(3)

Subject to paragraphs (4) and (5), the motive power to be used on the railway is to be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Office of Rail and Road may in writing approve.

(4)

Nothing in this Order authorises the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.

(5)

If electrical power is used as motive power on the railway, such electrical power must not be used in such a manner as to cause or be likely to cause any interference with any electronic communications apparatus or with the use of such apparatus.

(6)

In this article—

(a)

“electronic communications apparatus” has the same meaning as in the electronic communications code; and

(b)

“the electronic communications code” has the same meaning as in section 106(1) (application of the electronic communications code) of the Communications Act 20035.