44.—(1) A railway order shall contain such provisions as the Board considers necessary or expedient for the purpose of the order.

(2) Without prejudice to the generality of subsection (1), a railway order may—

(a) specify any land or any substratum of land, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,

F76[(b) specify any rights in, under or over land, water or any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,]

(c) specify the manner in which the railway or the railway works or any part thereof to which the order relates are to be constructed,

(d) fix the period within which the construction of the railway works is to be completed,

(e) contain provisions as to the manner in which the railway works are to be operated and maintained,

(f) without prejudice to paragraph (g), contain such provisions as the Board thinks proper for the protection of the public generally, of local communities and of any persons affected by the order,

(g) contain provisions requiring—

(i) the construction or the financing, in whole or in part, of the construction of a facility, or

(ii) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the railway works are to be constructed, being a facility or service that, in the opinion of the Board, would constitute a gain to the community,

(h) provide for the determination by arbitration of any specified questions arising thereunder,

(i) contain such provisions ancillary or incidental to any of the matters aforesaid as the Board considers necessary and proper.

F77[(j) designate the railway to which the order relates as a light railway or as a metro.]

(3) A provision of a railway order referred to in subsection (2)(g) shall not require such an amount of financial resources to be committed for the purposes of the provision being complied with as would substantially deprive the person in whose favour the order operates of the benefits likely to accrue from the making of the order.

(4) F78[…]]