OpenLegislation

Paragraph 32 SecurityI1

England and Wales

(1)

The specified works must not commence until—

(a)

the undertaker procures that the specified works are secured by a bond from a bondsman first approved by National Highways in the agreed form between the undertaker and National Highways to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and the specified works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and

(b)

the undertaker has provided the cash surety which may be utilised by National Highways in the event of the undertaker failing to meet its obligations to make payments under paragraph 26 (payments) or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker under the provisions of this Part of this Schedule or a combination of a bond and cash surety together totalling 200%.

(2)

In this paragraph, “the cash surety” means the sum agreed between the undertaker and National Highways.

Annotations

Commencement

I1

Sch. 9 para. 32 in force at 25.6.2025, see art. 1