The Channel Tunnel Rail Link (Nomination) (Amendment) (No. 2) Order 2003

© Crown Copyright 2003

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Channel Tunnel Rail Link (Nomination) (Amendment) (No. 2) Order 2003, ISBN 0110481291. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

     5. After article 4(7) of the Nomination Order there shall be inserted the following:

     " 5.  - (1) On the relevant date there shall transfer to the relevant transferee all rights conferred by the Act, and all liabilities, duties and obligations imposed by or arising under the Act, which, immediately before that date, were the rights, liabilities, duties or obligations of Union Railways (South) Limited so far as concerns any purpose or matter connected with or relating to the shared works or (as the case may be) the southern works.

    (2) All legal and other proceedings pending on the relevant date may be amended in such manner as may be necessary or proper in consequence of paragraph (1), and any cause of action or proceeding pending or existing on that day by or against Union Railways (South) Limited may be continued, prosecuted or enforced by or against the relevant transferee.

    (3) Where, before the relevant date - 


(a) any notice or other document has been given by or to Union Railways (South) Limited under the Act in connection with or in relation to the shared works or (as the case may be) the southern works, or

(b) any request for consent or approval has been made (whether or not it has been determined) or other thing done by Union Railways (South) Limited under the Act in connection with or relating to those works,



it shall have effect as if given by or to, made or done by or determined in respect of the relevant transferee.

    (4) Nothing in paragraphs (1) to (3) shall have the effect, as between Union Railways (North) Limited, Union Railways (South) Limited and CTRL (UK) Limited, of overriding any agreement made between them (whether before or after the relevant date) concerning the apportionment between any of them of responsibility for liabilities or the exercise of rights which transfer under paragraph (1), including any agreement as to the making of payments or the indemnification of one by another.

    (5) In this article "the relevant transferee" means CTRL (UK) Limited in relation to any purpose or matter connected with or relating to the shared works or the southern works, or both.

    (6) In this article "the relevant date" means 4th November 2003.".

Signed by Authority of the Secretary of State for Transport


Tony McNulty
Parliamentary Under Secretary of State, Department for Transport

3rd November 2003

[2] S.I. 1999/391, amended by S.I. 2003/2306.back