{
  "url": "https://openlegislation.uk/rother-valley-railway-bodiam-to-robertsbridge-junction-order-2023/schedule-8/paragraph-39",
  "json_url": "https://openlegislation.uk/rother-valley-railway-bodiam-to-robertsbridge-junction-order-2023/schedule-8/paragraph-39.json",
  "legislation": "uksi/2023/815",
  "legislation_title": "The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023",
  "legislation_url": "https://openlegislation.uk/rother-valley-railway-bodiam-to-robertsbridge-junction-order-2023",
  "path": "schedule/8/paragraph/39",
  "kind": "paragraph",
  "number": "39",
  "heading": "Security",
  "text": "(1) The NH works must not commence until—\n(a) the NH works are secured by a bond from a bondsman first approved by National Highways substantially as detailed in the draft bond in Form 1 in paragraph 46 or such other form that may be agreed between the Company and National Highways to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the Company in respect of the NH works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and\n(b) prior to the commencement of the NH works the Company must provide the cash surety which may be utilised by National Highways in the event of the Company failing to meet its obligations to make payments under paragraph 34 or to carry out works the need for which arises from a breach of one or more of the obligations of the Company under the provisions of this Part of this Schedule (which must for the avoidance of doubt be a single cash surety for the entire value of the NH works).\n(2) The bond sum and the cash surety must be progressively reduced as follows—\n(a) within 20 working days of the issue of the provisional certificate pursuant to paragraph 35(1) National Highways must release the bond provider from its obligations in respect of 80% of the bond sum save insofar as any claim or claims have been made against the bond and/or liability on its part has arisen prior to that date in which case National Highways will retain a sufficient sum to meet all necessary costs to settle the claim or claims; and\n(b) within 20 working days of the issue of the final certificate pursuant to paragraph 37 National Highways must in writing release the bond provider from its obligations in respect of all remaining liability and release the remainder of the cash security to the Company save insofar as any claim or claims have been made against the bond or liability on its part has arisen prior to that date in which case National Highways will retain a sufficient sum to meet all necessary costs to settle the claim or claims.\n(3) Any sums payable to National Highways pursuant to these protective provisions shall be reduced by an amount equivalent to such sums as are payable by the Company to National Highways or the Secretary of State pursuant to the indemnity and any other arrangements for the reimbursement of the costs of National Highways and/or the Secretary of State for Transport that are required for compliance with the discharge of planning conditions relevant to the authorised works pursuant to Rother District Council’s grant of planning permission reference RR/2014/1608/P, so that there shall be no double recovery by National Highways or the Secretary of State.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2023/815/schedule/8/paragraph/39",
    "retrieved_at": "2026-10-28T21:42:29.594431+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}