Paragraph 37 I1

The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

In this Part of this Schedule—

• “the Agency” means the Environment Agency;

• “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; and

• “relevant watercourse” has the same meaning as in article (powers in relation to relevant watercourses).