PART 4Protection for Network Rail
17.—(1) For the protection of Network Rail the following provisions shall, unless otherwise agreed in writing between the Company and Network Rail for the purposes of this article, apply and have effect.
(2) In this article—
“railway property” means any railway of Network Rail, and any works, apparatus and equipment of Network Rail connected therewith and includes any lands held or used by Network Rail for the purposes of such railway or works, apparatus and equipment; and
“Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes and for this purpose associated company means any company which is within the meaning of section 763 of the Companies Act 1985(1) the holding company of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited.
(3) The Company shall not under the powers confirmed pursuant to this Order acquire or use or acquire new rights over any railway property unless such acquisition or use is with the consent of Network Rail.
(4) The Company shall not in the exercise of powers conferred by or under this Order prevent pedestrian or vehicular access to the railway property unless preventing such access is with the consent of Network Rail.