SCHEDULES
SCHEDULE 15PROTECTIVE PROVISIONS
PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
Provisional Certificate
schedule 15 paragraph 63 63.—(1) Following any closure or partial closure of any part of the strategic road network for the purposes of carrying out the specified works, National Highways will carry out a site inspection to satisfy itself that the part of the strategic road network is, in its opinion, safe for traffic and the undertaker must comply with any requirements of National Highways prior to reopening of that part of the strategic road network.
(2) As soon as the undertaker considers that the provisional certificate may be properly issued it must apply to National Highways for the provisional certificate.
(3) Following an application for a provisional certificate, National Highways must as soon as reasonably practicable and within 28 days of receipt of the application under sub-paragraph (2) or such other period agreed between the parties, National Highways must—
schedule 15 paragraph 63 3 a (a)inspect the specified works; and
schedule 15 paragraph 63 3 b (b)provide the undertaker with a written list of works that are required for the provisional certificate to be issued or confirmation that no further works are required for this purpose.
(4) When—
schedule 15 paragraph 63 4 a (a)a stage 3 road safety audit for the specified works has been carried out (where relevant) and all recommendations raised including remedial works have (subject to any exceptions agreed) been approved by National Highways;
schedule 15 paragraph 63 4 b (b)the specified works incorporating the approved remedial works under sub-paragraph (4)(a) and any further works notified to the undertaker pursuant to sub-paragraph (3)(b) have been completed to the satisfaction of National Highways;
schedule 15 paragraph 63 4 c (c)the as built information has been provided to National Highways; and
schedule 15 paragraph 63 4 d (d)the undertaker has paid the commuted sum to National Highways.
National Highways must issue the provisional certificate (not to be unreasonably withheld or delayed).
(5) On the issue of the provisional certificate the bond sum shall be reduced to 20% of the total bond sum save insofar as any claim or claims have been made against the bond before that date in which case National Highways will retain a sufficient sum to ensure it does not have to meet any costs for or arising from the specified works.
(6) The undertaker must submit a stage 4 road safety audits as required by and in line with the timescales stipulated in the road safety audit standard. The undertaker must comply with the findings of the stage 4 road safety audit and must provide updated as-built information to National Highways.