Paragraph 56 I1

(1)

Any specified work and any protective works (and any environmental protection works connected with Work No. 18) to be constructed or implemented by virtue of paragraph 55(5) or 55(6) must, when commenced, be constructed and implemented with all reasonable dispatch in accordance with the plans approved or deemed to have been approved under paragraph 55—

(a)

under BPC’s supervision (where appropriate and if given) and to BPC’s reasonable satisfaction;

(b)

in such manner as to cause as little damage as is possible to BPC’s property; and

(c)

so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe and efficient operation of the Port (including use of the Port’s railway or the traffic on it).

(2)

If any damage to BPC’s property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of, a specified work, the undertaker must, regardless of any approval described in paragraph 55(1), make good such damage and pay to BPC all reasonable expenses to which BPC may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3)

Nothing in this Part of this Schedule imposes—

(a)

any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of BPC or its servants, contractors or agents; or

(b)

any liability on BPC with respect to any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

Annotations

Commencement

I1: Sch. 16 para. 56 in force at 5.12.2022, see art. 1