4.—(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, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993(1).
(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 Regulation 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 Chapter 1 of Part 2 of the Communications Act 2003(2).
1993 c. 43. As amended by the Transport Act 2000 (c. 38) and the Railways Act 2005 (c. 14).