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14.—(1) Subject to paragraphs (2) and (3) below, Eurostar may enter into an agreement with any person (“the transferee”) for the transfer of all or any of its undertaking under this Order, including all or any of the functions, powers or duties of Eurostar under this Order,–
(a)either permanently or for such period as is specified in or determined under the agreement, and
(b)either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.
(2) The terms of any agreement made by virtue of paragraph (1) above shall, unless the transferee is the Secretary of State or a nominated undertaker for any purposes of any provisions of Part I of the principal Act, be subject to the approval of the Secretary of State.
(3) Any agreement or undertaking entered into by Eurostar in connection with the promotion of this Order shall, so far as relevant to any functions, powers or duties under this Order exercisable by the transferee under an agreement made by virtue of paragraph (1) above, be binding on the transferee.
(4) Where an agreement is made by virtue of paragraph (1) above, references to Eurostar in this Order (including references inserted or substituted by this Order in the principal Act or any other enactment) shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.
(5) Paragraphs (6) and (7) below apply if at any time after the making of this Order a relevant nomination order is made and if at the time that order is made no agreement pursuant to paragraph (1) above, other than an agreement with UR (South), has been made by Eurostar.
(6) Subject to paragraph (7) below, where this paragraph applies–
(a)references in this Order to Eurostar are to be treated for all purposes of this Order (including paragraphs (1) to (4) above) as references to UR (South);
(b)anything done by or to Eurostar under or pursuant to this Order or (so far as relevant to this Order) under or pursuant to any provision of an enactment applied by or incorporated with this Order, shall have effect as if done by or to (as the case may be) UR (South);
(c)any consent or approval given to Eurostar in relation to the works or other matters authorised by this Order, shall have effect as if given to UR (South);
(d)any request made for such a consent or approval shall have effect as if made by UR (South); and
(e)any agreement or undertaking entered into by Eurostar in connection with the promotion of this Order shall be enforceable against UR (South) to the same extent that it would, in the absence of this paragraph, have been enforceable against Eurostar.
(7) Nothing in paragraph (6) above shall have the effect, as between Eurostar and UR (South), of overriding any agreement made between them (whether before or after this Order comes into force) concerning the apportionment of responsibility for liabilities arising under or the exercise of rights conferred by this Order, including any agreement as to the making of payments or the indemnification of one by the other.
(8) In this article–
“relevant nomination order” means an order made under section 34 of the principal Act which specifies UR (South) as the nominated undertaker for any purposes connected with the construction of Work No. 13 (Strood to Detling) authorised by the principal Act; and
“UR (South)” means Union Railways (South) Limited.
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