Regulation 35 Operator’s duties in relation to excavations and tips which are not a significant hazardI1
England, Wales and Scotland
Where the conclusion reached by a geotechnical specialist in accordance with regulation 33(1)(b) following a geotechnical assessment of a proposed or existing excavation or tip is that it presents no significant hazard, the operator shall ensure that—
(a)
the said geotechnical specialist specifies the frequency with which appraisals pursuant to regulation 32 are to be conducted in order to ensure the continued safety and stability of the excavation or tip; and
(b)
a record of that specification is made.