46.  Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 45) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part of this Schedule (including any claim relating to those relevant costs). 

47.  In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable. 

48.  The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of— 

(a) any railway property shown on the works plans and the land plans and described in the book of reference; 

(b) any lands, works or other property held in connection with any such railway property; and 

(c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph. 

49.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993. 

50.  The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 49 (transfer of benefit of Order, etc.) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)— 

(a) the nature of the application to be made; 

(b) the extent of the geographical area to which the application relates; and 

(c) the name and address of the person acting for the Secretary of State to whom the application is to be made. 

51.  The undertaker must no later than 28 days from the date that the documents submitted to and certified by the Secretary of State in accordance with article 60 (certification of documents) are certified by the Secretary of State, provide a set of those documents to Network Rail in the form of a computer disc with read only memory. 

52.  In relation to any dispute arising under this Part of this Schedule that is referred to arbitration in accordance with article 62 (arbitration), the process referred to in article 62(2) must be varied by the arbitrator where Network Rail demonstrates to the arbitrator’s reasonable satisfaction that Network Rail is unable (acting reasonably) to comply with the process due to timing constraints that may arise for Network Rail in— 

(a) obtaining clearance conditions; 

(b) obtaining any engineering, regulatory or stakeholder (internal or external) consent; or 

(c) assessing any matter of concern with regard to the safe operation of Network Rail’s railway, 

the variation being to the extent reasonably necessary so that Network Rail is able (acting reasonably) to comply with that process. 

