Paragraph 34 Construction of specified worksI1

England, Wales and Scotland

(1)

Any specified works 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 31 (approval of plans, protective works etc.) and paragraph 32 (design of works) 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 to the waterway as is reasonably practicable;

(d)

in such manner as to cause as little inconvenience as is reasonably practicable to the Canal & River 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 Canal & River Trust;

(e)

in such a manner as to ensure that no materials are discharged or deposited into the waterway otherwise than in accordance with article 18 (discharge of water); and

(f)

in compliance with the Code of Practice (where appropriate and where consistent with the exercise of powers pursuant to this Order and for the timely, safe, economic and efficient delivery of the authorised works);

(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 Canal & River Trust is required by section 105(1)(b) and (2) of the Transport Act 1968^f1 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 Canal & River Trust and save to the extent that any deterioration to the condition of the waterway is not caused by the construction of the specified works.

(4)

In assessing whether the condition of the waterway is no less satisfactory than immediately prior to the works pursuant to sub-paragraph (3), the Canal & River Trust and the undertaker must take account of any survey issued pursuant to paragraph 30 (survey of waterway) and any other information agreed between them pursuant to this Part.

Paragraph 34 Construction of specified worksI1

Annotations

Commencement

Footnotes