The Nottingham Express Transit System Order 2009

Effect of repeals on Line One agreements

4.  Regardless of any provision in a Line One agreement to the contrary, the repeal of any provision of the 1994 Act by this Order shall not allow any party to a Line One agreement to terminate that agreement or determine any of the rights exercisable under it when that party would not otherwise have been able to terminate it or determine them.

5.  No reference in a Line One agreement to a person exercising any powers, having the benefit of any rights or being subject to any obligation in respect of Line One by virtue of an agreement entered into under section 71 of the 1994 Act shall be deemed to be a reference to a person exercising any functions in respect of the authorised works by virtue of an agreement entered into under article 55 (powers of disposal, agreements for operations, etc.) solely by virtue of the repeal of that section.

6.  The references in the following Line One agreements to specified provisions of the 1994 Act shall be construed as if those provisions were still in force for the purposes of each such agreement

(a)in the General Works Agreement with Railtrack PLC, dated 11th May 2000, the references to—

• section 25;

• section 41(2)(b);

• section 41(7);

• section 41(8);

• section 41(14); and

• section 41(16);

(b)in the Operating Framework Agreement with Railtrack PLC, Arrow Light Rail Limited, and Transdev Tram U.K. Limited, dated 11th May 2000, the reference to section 25;

(c)in the Maintenance Agreement with Railtrack PLC, dated 11th May 2000, the references to—

• section 41(13);

• section 41(14)(b); and

• section 41(15); and

(d)in the Services Agreement with Railtrack PLC, Arrow Light Rail Limited, DaimlerChrysler Rail Systems (UK) Limited, and Carillion Construction Limited, dated 11th May 2000, the references to—

• section 41(14)(b); and

• section 41(15).