OpenLegislation

Paragraph 24 I1

England, Wales and Scotland

(1)

Any specified or protective works must, when commenced, be constructed—

(a)

without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under the provisions in paragraph 21 and with any requirements made under paragraph 21(3) and paragraph 22;

(b)

under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c)

in such manner as to cause as little detriment as is reasonably practicable;

(d)

in such manner as to cause as little inconvenience as is reasonably practicable to CRT, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by CRT.

(2)

Nothing in this Order authorises Network Rail to make or maintain any permanent works in or over the waterway so as to impede or prevent (whether by reducing the width of the waterway or otherwise) the passage of any vessel which is of a kind (as to its dimensions) for which CRT is required by section 105(1)(b) and (2) (maintenance of waterways) of the Transport Act 1968f1 to maintain the waterway.

(3)

Following the completion of the construction of the specified works Network Rail must restore the waterway to a condition no less satisfactory than its condition immediately prior to the commencement of those works.

Annotations

Commencement

I1

Sch. 10 para. 24 in force at 21.11.2013, see art. 1

Footnotes

f1

1968 c. 73.