Paragraph 61 Notice of worksI1
England and Wales
Without prejudice to sub-paragraphs (2) and (3), the undertaker must give to the Engineer 30 days’ notice of its intention to commence the construction of any of the specified works or protective works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable so that, in particular, the Canal & River Trust may where appropriate arrange for the publication notices bringing those works to the attention of users of the Canal & River Trust’s Network.
Unless prior notice is given by the undertaker to the Canal & River Trust, the undertaker must not completely close to navigation any part of the waterway between—
10pm and 6am during the months of April to October; or
7pm and 7am during the months of November to March.
The undertaker will not construct or, to the extent that it would affect the waterway or any function of the Canal & River Trust, maintain any specified work outside of the timescales provided for within sub-paragraph (2) unless otherwise agreed in writing between the undertaker and the Canal & River Trust in accordance with the notice periods contained within the Code of Practice.
This paragraph does not apply where the undertaker reasonably believes emergency works are required to prevent imminent injury or damage to persons or property provided that, in such circumstances, the undertaker must notify the Canal & River Trust as soon as reasonably practicable.
Annotations
Commencement
- I1
Sch. 9 para. 61 in force at 22.10.2025, see art. 1