# The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023, Paragraph 33: Construction of the NH works


(1) The Company must, prior to commencement of the NH works, give to National Highways 28 days’ notice in writing of the date on which the NH works will start unless otherwise agreed by National Highways, acting reasonably.
(2) The Company must comply with the National Highways road space booking procedures (in accordance with the National Highways Asset Management Operational Requirements including the Network Occupancy Management System used to manage the road space bookings and network occupancy) prior to and during the carrying out of the NH works and no NH works for which a road space booking is required is to commence without a road space booking having first been secured, National Highways acting reasonably.
(3) The NH works must be carried out to the reasonable satisfaction of National Highways in accordance with—
(a) the relevant detailed design information and programme of works approved pursuant to paragraph 31(1) of this Part of this Schedule or as subsequently varied by agreement between the Company and National Highways, both acting reasonably;
(b) the DMRB, the Manual of Contract Documents for Highway Works, including the Specification for Highway Works together with all other relevant standards and guidance as reasonably required by National Highways to include, inter alia; all relevant interim advice notes and the Traffic Signs Manual and save to the extent that exceptions from those standards and guidance apply which have been approved by National Highways;
(c) the Traffic Signs Regulations and General Directions 2016 and any amendment to or replacement thereof for the time being in force;
(d) such approvals or requirements of National Highways that are required by the provisions of paragraph 31 of this Part of this Schedule to be in place prior to commencement of the NH works;
(e) insofar as relevant to the NH works, all aspects of the Construction (Design and Management) Regulations 2015 or any statutory amendment or variation of the same and in particular the Company, as client, must ensure that all client duties (as defined in those regulations) are undertaken to the reasonable satisfaction of National Highways; and
(f) the requirements of the DLOA.
(4) The Company must permit and must require the contractor to permit at all reasonable times persons authorised by National Highways (whose identity must have been previously notified to the Company by National Highways) to gain access to the NH works for the purposes of inspection and supervision of the NH works.
(5) The Company must permit and must require the contractor to act upon any reasonable request made by National Highways in relation to the construction of the NH works as soon as reasonably practicable provided such a request is not inconsistent with and does not fall outside the contractor’s obligations under its contract with the Company or the Company’s powers or obligations under the Order.
(6) If any part of the NH works is constructed otherwise than in accordance with the requirements of this Part of this Schedule, National Highways may by notice in writing require the Company, at the Company’s own expense, to comply with the requirements of this Part of this Schedule.
(7) If within 28 days on which a notice under sub-paragraph (6) is served on the Company (or in the event of there being (in the reasonable opinion of National Highways) a danger to road users, within such lesser period as National Highways may stipulate), the Company has failed to take the steps required by that notice, National Highways may carry out—
(a) the NH works; or
(b) such works to reinstate the highway and other land and premises of National Highways as may be reasonably necessary to eliminate the significant danger to road users,
and National Highways may in either case recover from the Company any expenditure reasonably incurred by it in so doing.
(8) If during the carrying out of the authorised works the Company causes damage to the strategic road network then National Highways may by notice in writing require the Company, at the Company’s own expense, to remedy the damage.
(9) If within 28 days of the date on which a notice under sub-paragraph (8) is served on the Company, the Company has failed to take steps to comply with the notice, National Highways may carry out the steps required of the Company and may recover from the Company any expenditure reasonably incurred by National Highways in so doing, such sum to be payable within 28 days of demand.
(10) Nothing in this Part of this Schedule prevents National Highways from carrying out any work or taking any such action as it reasonably believes to be necessary as a result or in connection with of the carrying out or maintenance of the authorised works without prior notice to the Company in the event of an emergency or to prevent the occurrence of danger to road users and National Highways may recover from the Company any reasonable expenditure incurred by National Highways in so doing.
(11) In constructing the NH works, the Company must at its own expense divert or protect all utilities and all agreed alterations and reinstatement of the highway over existing utilities must be constructed to the reasonable satisfaction of National Highways.

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Source: https://www.legislation.gov.uk/uksi/2023/815/schedule/8/paragraph/33 (the official version)
Page: https://openlegislation.uk/rother-valley-railway-bodiam-to-robertsbridge-junction-order-2023/schedule-8/paragraph-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.