Paragraph 39 Construction of specified worksI1

England and Wales

(1)

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

(a)

with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid and with any specifications made under paragraph 36 and paragraph 37 of this Part;

(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 the Trust, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by the Trust;

(e)

in such a manner so as to ensure that no materials are discharged or deposited into the waterway otherwise than in accordance with article 15 (discharge of water); and

(f)

in compliance with the Code of Practice, if relevant.

(2)

Nothing in this Order authorises the undertaker 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 the Trust is required by section 105(1)(b) and (2) of the Transport Act 1968 M1 (maintenance of waterways) to maintain the waterway.

(3)

Following the completion of the construction of the specified works, the undertaker must restore the waterway to a condition no less satisfactory than its condition immediately prior to the commencement of those works unless otherwise agreed between the undertaker and the Trust.

Paragraph 39 Construction of specified worksI1

Annotations

Marginal citations

Commencement