(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 5(1) has effect subject to this sub-paragraph. 

(6) If at any time prior to the completion of the authorised development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the Authority must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) the Authority’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus. 

(7) In the event of EMI having occurred— 

(a) the Authority must afford reasonable facilities to Network Rail for access to the Authority’s apparatus in the investigation of such EMI; 

(b) Network Rail must afford reasonable facilities to the Authority for access to Network Rail’s apparatus in the investigation of such EMI; and 

(c) Network Rail must make available to the Authority any additional material information in its possession reasonably requested by the Authority in respect of Network Rail’s apparatus or such EMI. 

(8) Where Network Rail approves modifications to Network Rail’s apparatus under subparagraphs (5) or (6)— 

(a) Network Rail must allow the Authority reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and 

(b) any modifications to Network Rail’s apparatus approved under those sub-paragraphs must be carried out and completed by the Authority in accordance with paragraph 6. 

(9) To the extent that it would not otherwise do so, the indemnity referred to in paragraph 15(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which subparagraph (6) applies. 

(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph is to be deemed to be protective works referred to in that paragraph. 

(11) In relation to any dispute arising under this paragraph the reference in article 53 (arbitration) to the Institution of Civil Engineers is to be read as a reference to the Institution of Electrical Engineers. 

12. —(1) If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the Authority informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the Authority must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property. 

(2) If at any time after the completion of a specified work, being a work vested in Network Rail, the Authority gives notice to Network Rail informing it that the state of maintenance of the specified work appears to be such as adversely affects the operation of the authorised tramway Network Rail must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect the authorised tramway. 

