Article 43 Certification and construction of plans and documentsI1

England, Wales and Scotland

(1)

The undertaker shall, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a)

the book of reference;

(b)

the land plans;

(c)

the rights of way plans;

(d)

the works plans; and

(e)

any other plans or documents referred to in this Order (other than enactments, British Standards and other published documents not produced for the purposes of the authorised project),

for certification that they are true copies of the documents referred to in this Order.

(2)

A plan or document certified under paragraph (1) shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(3)

This paragraph applies where a plan or document certified under paragraph (1)—

(a)

referred to a provision of this Order (including any specified requirement) when it was in draft form; and

(b)

identified that provision by a number, or combination of numbers and letters, which is different from the number, or combination of numbers and letters by which the corresponding provision of this Order is identified in the Order as made.

(4)

Where paragraph (3) applies, the reference in the plan or document concerned shall be construed for the purposes of this Order as referring to the provision (if any) corresponding to that provision in the Order as made, having regard to the Secretary of State’s published comparison of the Order as made with the draft (without sequential numbering) dated 31st August 2012.

Annotations

Commencement

I1: Art. 43 in force at 9.4.2013, see art. 1