Paragraph 292 I1
England, Wales and Scotland
Subject to sub-paragraph (2), any specified work, and all protective works required by Trent Valley Internal Drainage Board under paragraph 291, must be constructed—
without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule;
to the reasonable satisfaction of Trent Valley Internal Drainage Board; and
an officer of Trent Valley Internal Drainage Board is entitled to watch and inspect the construction of such works.
The undertaker must give to Trent Valley Internal Drainage Board—
not less than 14 days’ notice in writing of its intention to commence construction of any specified work and any protective work; and
notice in writing of its completion not later than seven days after the date on which it is brought into use.
If Trent Valley Internal Drainage Board reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of the specified work to which the protective works relate.
If any part of a specified work or any protective work required by Trent Valley Internal Drainage Board is constructed other than in accordance with the requirements of this Part of this Schedule, Trent Valley Internal Drainage Board may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and Trent Valley Internal Drainage Board in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to the reasonable satisfaction of Trent Valley Internal Drainage Board.
Subject to sub-paragraph (6) and paragraph 296 if, within a reasonable period, being not less than 56 days beginning with the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, Trent Valley Internal Drainage Board may execute the works specified in the notice and any expenditure reasonably incurred by Trent Valley Internal Drainage Board in so doing is recoverable from the undertaker.
In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, Trent Valley Internal Drainage Board must not except in the case of an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 297.
Annotations
Commencement
- I1
Sch. 15 para. 292 in force at 5.11.2025, see art. 1