The High Court is to hear a bid to lift the order that put Railtrack into administration.
If the application on Tuesday by Transport Secretary Alistair Darling is successful, it will pave the way for Railtrack's takeover by the non-profit distributing Network Rail.
The move is based on the belief that arrangements are in place to enable Railtrack to be put on a financially sound and secure basis, said the Department of Transport.
Mr Darling said: ''A year ago it was obvious that Railtrack could not have carried on as it was.
''The Government had to take decisive action and build a structure that gave our railways stability.
''If the judge decides to lift the administration order the final piece of the new structure will be put in place.
''We supported Network Rail's takeover because passengers demand and expect more.
''That is why we are also committed to investing almost £65bn into rail.
''If the court agrees to lift the order the structure will be in place to ensure that money is invested efficiently and effectively.
It will then be up to the rail industry to get on and deliver the improvement passengers expect. Everyone should feel the benefit''.
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