# The Wrexham Gas Fired Generating Station Order 2017, Paragraph 36: Suspension of works

Extent: E+W+S

DCC is entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DCC apparatus and/or are likely to cause or result in damage to any DCC apparatus and/or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—
(a) the undertaker must procure that it and its contractor(s) and subcontractor(s) are to forthwith suspend or cease the works having due regard to health and safety factors and discuss and agree with DCC the remedial actions required prior to resuming the works;
(b) the undertaker and DCC must act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;
(c) DCC must submit to the undertaker within 5 days following the suspension, a written notice specifying the reasons for suspending the works;
(d) in the event that DCC fails to supply the written notice within 5 days of suspension DCC’s instruction to suspend the works will be void and the undertaker will be entitled to recommence the works;
(e) DCC must commence, carry out and complete any remedial works pursuant to sub-paragraph (a) as soon as reasonably practicable and DCC must give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker will be entitled to resume the works; and
(f) DCC is entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 36.

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Source: https://www.legislation.gov.uk/uksi/2017/766/schedule/9/paragraph/36 (the official version)
Page: https://openlegislation.uk/wrexham-gas-fired-generating-station-order-2017/schedule-9/paragraph-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

