Paragraph 117 I1

The provisions of this Part of this Schedule have effect for the protection of the Trust unless otherwise agreed in writing between the undertaker and the Trust.

In this Part of this Schedule—

• “activities” means vegetation clearance, removal of loose rocks, rock scaling, insertion of rock bolts and erecting catch fences and associated stays, cables and anchors;

• “construction” includes execution, placing, erecting and insertion, and “construct” and “constructed” have corresponding meanings;

• “emergency” means a situation which—

  1. (a)

     is unexpected, in that there is little or no warning, or aspects of the event could not have reasonably been predicted in advance;

  2. (b)

     is a serious event presenting a risk of harm or damage to people, property or the environment; and

  3. (c)

     requires a need for urgent action, in that immediate action is required to address the risk of harm, repair or prevent a worsening of the situation;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and assessments of risk relating to the construction, carrying out, maintenance and, where appropriate, removal of any work and details of the extent, timing and duration of any proposed occupation of property belonging to the Trust for the purpose of engaging in the activities;

• “Quarry Bridge 2 works” means the reconstruction of the accommodation bridge under the railway at 122 miles 74 chains providing access to the property of the Trust;

• “the Trust” means The National Trust for Places of Historic Interest or Natural Beauty (Registered Charity 205846); and

• “Trust property” means any property belonging to the Trust.