39Compliance with construction conditions

39 Compliance with construction conditions

(1)  This section applies if a permission under section 38 is granted subject to construction conditions.

(2)  The responsible Rail Infrastructure Manager, by notice to the responsible entity, may vary the construction conditions from time to time as circumstances require having regard to the safety and operability of the rail network.

(3)  If the responsible entity fails to comply with a construction condition, the responsible Rail Infrastructure Manager, depending on the nature of the condition, the status of the responsible entity and the urgency or seriousness of any attendant threat to the safety or operability of the rail network, may –

(a) by notice to the responsible entity, require the responsible entity to comply with the condition within a specified time; or

(b) with or without notice to the responsible entity, take action itself to ensure that the condition is complied with; or

(c) by notice to the responsible entity, revoke the permission (with or without undoing any work or removing or disposing of any materials).

(4)  If the responsible entity fails to comply with a notice under subsection (3)(a) , the responsible Rail Infrastructure Manager may proceed to act under subsection (3)(b) or (c) as if it were an initial failure to comply with the construction condition.

(5)  Any costs that the responsible Rail Infrastructure Manager incurs pursuant to subsection (3)(b) or (c) are recoverable as a debt due to that Rail Infrastructure Manager from the responsible entity.

(6)  Neither the Crown nor the responsible Rail Infrastructure Manager is liable for any loss or damage that a responsible entity may incur as a result of actions taken under subsection (3)(b) or (c) .

| Note: For a part of the rail network that does not for the time being have a Rail Infrastructure Manager, section 8(5) applies to the operation of this section. |