# The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023, Paragraph 36: Final condition survey


(1) The Company must, as soon as reasonably practicable after making its application for a provisional certificate pursuant to paragraph 35(2), arrange for the highways structures and assets that were the subject of the condition survey to be re-surveyed and must submit the re-survey to National Highways for its approval, such approval not to be unreasonably withheld or delayed.
(2) If the re-survey carried out pursuant to sub-paragraph (1) indicates that any damage has been caused to a structure or asset, the Company must submit a scheme for remedial works in writing to National Highways for its approval in writing, such approval not to be unreasonably withheld or delayed, and the Company must carry out the remedial works at its own cost and in accordance with the scheme submitted.
(3) If the Company fails to carry out the remedial work in accordance with the approved scheme, National Highways may carry out the steps required of the Company and may recover any expenditure it reasonably incurs in so doing.
(4) National Highways may, at its discretion, at the same time as giving its approval to the re-survey pursuant to sub-paragraph (1) give notice in writing that National Highways will remedy any damage identified in the re-survey and National Highways may recover any expenditure it reasonably incurs in so doing.
(5) The Company must make available to National Highways upon reasonable request copies of any survey or inspection reports produced pursuant to any inspection or survey of any specified work following its completion that the Company may from time to time carry out.

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Source: https://www.legislation.gov.uk/uksi/2023/815/schedule/8/paragraph/36 (the official version)
Page: https://openlegislation.uk/rother-valley-railway-bodiam-to-robertsbridge-junction-order-2023/schedule-8/paragraph-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.