Paragraph 74 Final CertificateI1

England, Wales and Scotland

(1)

In respect of any specified works approved under paragraph 67(2)—

(a)

the undertaker must apply to National Highways for the final certificate no sooner than 12 months from the date of the provisional certificate.

(b)

following receipt of the application for the final certificate, National Highways must as soon as reasonably practicable—

(i)

inspect the strategic road network; and

(ii)

provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in the strategic road network or confirmation that no such works are required for this purpose.

(c)

The undertaker must carry out such works notified to it pursuant to sub-paragraph 67(2).

(d)

When National Highways is satisfied that—

(i)

any defects or damage arising from defects during the defects period and any defects notified to the undertaker pursuant to sub-paragraph 67(2) and any remedial works required as a result of the stage 4 road safety audit have been made good to the satisfaction of National Highways; and

(ii)

the NH costs have been paid to National Highways in full;

(iii)

National Highways must issue the final certificate after which the bond shall be released in full.

(e)

The undertaker must pay to National Highways within 30 days of demand the costs reasonably incurred by National Highways in identifying the defects and supervising and inspecting the undertaker’s work to remedy the defects that it is required to remedy pursuant to these provisions.

(2)

In respect of any specified works approved under paragraph 67(1), the undertaker may apply for a final certificate at any time following issue of the provisional certificate, whereupon National Highways must issue a final certificate forthwith.

Annotations

Commencement

I1: Sch. 15 para. 74 in force at 5.4.2024, see art. 1