Procedural modifications. In relation to the procedure in paragraph 3 for the agreement or establishment of requisite adaptations (including the times within which any step or thing requires to be done or achieved): such procedure may be modified by XXX by a notice of procedural modification given by it to the parties; but XXX may give a notice of procedural modification only if it is satisfied that it is necessary or expedient to do so in order to promote or achieve the objectives specified in section 4 of the Act or if such a notice is requested by both parties. In this Schedule 10: where provision is made for a date to be specified or stated by XXX it may, instead of specifying or stating a date, specify or state a method by which a date is to be determined, and references to dates shall be construed accordingly; and any notice given by XXX which states a date may state different dates for different purposes. No relevant notice shall have effect unless: XXX has first consulted the parties and the Secretary of State in relation to the proposed relevant notice in question; in the consultations referred to in paragraph 4.7(a), XXX has made available to the parties and the Secretary of State such drafts of the proposed relevant notice as it considers are necessary so as properly to inform them of its contents; XXX has given each party and the Secretary of State the opportunity to make representations in relation to the proposed relevant notice and has taken into account all such representations (other than those which are frivolous or trivial) in making its decision on the relevant notice to be given; XXX has notified the parties and the Secretary of State as to its conclusions in relation to the relevant notice in question (including by providing to each such person a copy of the text of the proposed relevant notice) and its reasons for those conclusions; and in effecting the notifications required by paragraph 4.7(d), XXX has treated as confidential any representation (including any submission of written material) which (and to the extent that) the person making the representation, by notice in writing to XXX or by endorsement on the representation of words indicating the confidential nature of such representation, has specified as confidential information. Not later than 28 days after the giving of the last of: a modification notice; and a notice of determined requisite adaptations or a notice of consent to requisite adaptations (as the case may be), Network Rail shall prepare and send to the Train Operator, XXX and the Secretary of State a copy of this contract as so modified.
Appears in 3 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Contract
Procedural modifications. In relation to the procedure in paragraph 3 for the agreement or establishment of requisite adaptations (including the times within which any step or thing requires to be done or achieved): such procedure may be modified by XXX by a notice of procedural modification given by it to the parties; but XXX may give a notice of procedural modification only if it is satisfied that it is necessary or expedient to do so in order to promote or achieve the objectives specified in section 4 of the Act or if such a notice is requested by both parties. In this Schedule 10: where provision is made for a date to be specified or stated by XXX it may, instead of specifying or stating a date, specify or state a method by which a date is to be determined, and references to dates shall be construed accordingly; and any notice given by XXX which states a date may state different dates for different purposes. No relevant notice shall have effect unless: XXX has first consulted the parties and the Secretary of State in relation to the proposed relevant notice in question; in the consultations referred to in paragraph 4.7(a), XXX has made available to the parties and the Secretary of State such drafts of the proposed relevant notice as it considers are necessary so as properly to inform them of its contents; XXX has given each party and the Secretary of State the opportunity to make representations in relation to the proposed relevant notice and has taken into account all such representations (other than those which are frivolous or trivial) in making its decision on the relevant notice to be given; XXX has notified the parties and the Secretary of State as to its conclusions in relation to the relevant notice in question (including by providing to each such person a copy of the text of the proposed relevant notice) and its reasons for those conclusions; and in effecting the notifications required by paragraph 4.7(d), XXX has treated as confidential any representation (including any submission of written material) which (and to the extent that) the person making the representation, by notice in writing to XXX or by endorsement on the representation of words indicating the confidential nature of such representation, has specified as confidential information. Not later than 28 days after the giving of the last of: a modification notice; and a notice of determined requisite adaptations or a notice of consent to requisite adaptations (as the case may be), Network Rail the CVL IM shall prepare and send to the Train Operator, Operator and XXX and the Secretary of State Welsh Ministers a copy of this contract as so modified.
Appears in 2 contracts
Samples: Track Access Agreement, Track Access Agreement
Procedural modifications. In relation to the procedure in paragraph 3 for the agreement or establishment of requisite adaptations (including the times within which any step or thing requires to be done or achieved): such procedure may be modified by XXX by a notice of procedural modification given by it to the parties; but XXX may give a notice of procedural modification only if it is satisfied that it is necessary or expedient to do so in order to promote or achieve the objectives specified in section 4 of the Act or if such a notice is requested by both parties. In this Schedule 10: where provision is made for a date to be specified or stated by XXX it may, instead of specifying or stating a date, specify or state a method by which a date is to be determined, and references to dates shall be construed accordingly; and any notice given by XXX which states a date may state different dates for different purposes. No relevant notice shall have effect unless: XXX has first consulted the parties and the Secretary of State in relation to the proposed relevant notice in question; in the consultations referred to in paragraph 4.7(a), XXX has made available to the parties and the Secretary of State such drafts of the proposed relevant notice as it considers are necessary so as properly to inform them of its contents; XXX has given each party and the Secretary of State the opportunity to make representations in relation to the proposed relevant notice and has taken into account all such representations (other than those which are frivolous or trivial) in making its decision on the relevant notice to be given; XXX has notified the parties and the Secretary of State as to its conclusions in relation to the relevant notice in question (including by providing to each such person a copy of the text of the proposed relevant notice) and its reasons for those conclusions; and in effecting the notifications required by paragraph 4.7(d), XXX has treated as confidential any representation (including any submission of written material) which (and to the extent that) the person making the representation, by notice in writing to XXX or by endorsement on the representation of words indicating the confidential nature of such representation, has specified as confidential information. Not later than 28 days after the giving of the last of: a modification notice; and a notice of determined requisite adaptations or a notice of consent to requisite adaptations (as the case may be), Network Rail shall prepare and send to the Train Operator, Operator and XXX and the Secretary of State a copy of this contract as so modified.
Appears in 2 contracts
Samples: Track Access Contract, Track Access Contract
Procedural modifications. In relation to the procedure in paragraph 3 for the agreement or establishment of requisite adaptations (including the times within which any step or thing requires to be done or achieved): such procedure may be modified by XXX by a notice of procedural modification given by it to the parties; but XXX may give a notice of procedural modification only if it is satisfied that it is necessary or expedient to do so in order to promote or achieve the objectives specified in section 4 of the Act or if such a notice is requested by both parties. In this Schedule 10: where provision is made for a date to be specified or stated by XXX it may, instead of specifying or stating a date, specify or state a method by which a date is to be determined, and references to dates shall be construed accordingly; and any notice given by XXX which states a date may state different dates for different purposes. No relevant notice shall have effect unless: XXX has first consulted the parties and the Secretary of State in relation to the proposed relevant notice in question; in the consultations referred to in paragraph 4.7(a), XXX has made available to the parties and the Secretary of State such drafts of the proposed relevant notice as it considers are necessary so as properly to inform them of its contents; XXX has given each party and the Secretary of State the opportunity to make representations in relation to the proposed relevant notice and has taken into account all such representations (other than those which are frivolous or trivial) in making its decision on the relevant notice to be given; XXX has notified the parties and the Secretary of State as to its conclusions in relation to the relevant notice in question (including by providing to each such person a copy of the text of the proposed relevant notice) and its reasons for those conclusions; and in effecting the notifications required by paragraph 4.7(d), XXX has treated as confidential any representation (including any submission of written material) which (and to the extent that) the person making the representation, by notice in writing to XXX or by endorsement on the representation of words indicating the confidential nature of such representation, has specified as confidential information. Not later than 28 days after the giving of the last of: a modification notice; and a notice of determined requisite adaptations or a notice of consent to requisite adaptations (as the case may be), Network Rail the CVL IM shall prepare and send to the Train Operator, XXX and the Secretary of State a copy of this contract as so modified.
Appears in 2 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract
Procedural modifications. In relation to the procedure in paragraph 3 for the agreement or establishment of requisite adaptations (including the times within which any step or thing requires to be done or achieved): such procedure may be modified by XXX by a notice of procedural modification given by it to the parties; but XXX may give a notice of procedural modification only if it is satisfied that it is necessary or expedient to do so in order to promote or achieve the objectives specified in section 4 of the Act or if such a notice is requested by both parties. In this Schedule 10: where provision is made for a date to be specified or stated by XXX it may, instead of specifying or stating a date, specify or state a method by which a date is to be determined, and references to dates shall be construed accordingly; and any notice given by XXX which states a date may state different dates for different purposes. No relevant notice shall have effect unless: XXX has first consulted the parties and the Secretary of State in relation to the proposed relevant notice in question; in the consultations referred to in paragraph 4.7(a), XXX has made available to the parties and the Secretary of State such drafts of the proposed relevant notice as it considers are necessary so as properly to inform them of its contents; XXX has given each party and the Secretary of State the opportunity to make representations in relation to the proposed relevant notice and has taken into account all such representations (other than those which are frivolous or trivial) in making its decision on the relevant notice to be given; XXX has notified the parties and the Secretary of State as to its conclusions in relation to the relevant notice in question (including by providing to each such person a copy of the text of the proposed relevant notice) and its reasons for those conclusions; and in effecting the notifications required by paragraph 4.7(d), XXX has treated as confidential any representation (including any submission of written material) which (and to the extent that) the person making the representation, by notice in writing to XXX or by endorsement on the representation of words indicating the confidential nature of such representation, has specified as confidential information. Not later than 28 days after the giving of the last of: a modification notice; and a notice of determined requisite adaptations or a notice of consent to requisite adaptations (as the case may be), Network Rail shall prepare and send to the Train OperatorFreight Customer, XXX and the Secretary of State a copy of this contract as so modified.
Appears in 2 contracts
Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract
Procedural modifications. In relation to the procedure in paragraph 3 for the agreement or establishment of requisite adaptations (including the times within which any step or thing requires to be done or achieved): such procedure may be modified by XXX by a notice of procedural modification given by it to the parties; but XXX may give a notice of procedural modification only if it is satisfied that it is necessary or expedient to do so in order to promote or achieve the objectives specified in section 4 of the Act or if such a notice is requested by both parties. In this Schedule 10: where provision is made for a date to be specified or stated by XXX it may, instead of specifying or stating a date, specify or state a method by which a date is to be determined, and references to dates shall be construed accordingly; and any notice given by XXX which states a date may state different dates for different purposes. No relevant notice shall have effect unless: XXX has first consulted the parties and the Secretary of State in relation to the proposed relevant notice in question; in the consultations referred to in paragraph 4.7(a), XXX has made available to the parties and the Secretary of State such drafts of the proposed relevant notice as it considers are necessary so as properly to inform them of its contents; XXX has given each party and the Secretary of State the opportunity to make representations in relation to the proposed relevant notice and has taken into account all such representations (other than those which are frivolous or trivial) in making its decision on the relevant notice to be given; XXX has notified the parties and the Secretary of State as to its conclusions in relation to the relevant notice in question (including by providing to each such person a copy of the text of the proposed relevant notice) and its reasons for those conclusions; and in effecting the notifications required by paragraph 4.7(d), XXX has treated as confidential any representation (including any submission of written material) which (and to the extent that) the person making the representation, by notice in writing to XXX or by endorsement on the representation of words indicating the confidential nature of such representation, has specified as confidential information. Not later than 28 days after the giving of the last of: a modification notice; and a notice of determined requisite adaptations or a notice of consent to requisite adaptations (as the case may be), Network Rail the CVL IM shall prepare and send to the Train Operator, XXX and the Secretary of State Welsh Ministers a copy of this contract as so modified.
Appears in 1 contract
Samples: Track Access Contract