SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Construction of the specified works

schedule 15 paragraph 80 + 80.—(1) The undertaker must carry out the specified works as follows—

schedule 15 paragraph 80 1 a + (a)in a good and workmanlike manner using all professional skill and care and in accordance with good practice for works of the type, size and complexity comprised in the specified works;

schedule 15 paragraph 80 1 b + (b)in accordance with—

schedule 15 paragraph 80 1 b i + (i)any reasonable instructions of the local highway authority given in writing or verbally (provided that instruction is confirmed by the local highway authority in writing within 2 working days) to the undertaker;

schedule 15 paragraph 80 1 b ii + (ii)the specification and approved drawings; and

schedule 15 paragraph 80 1 b iii + (iii)all relevant consents and approvals;

schedule 15 paragraph 80 1 c + (c)in compliance with—

schedule 15 paragraph 80 1 c i + (i)planning and other obligations whether under section 106(1) of the 1990 Act or other statutory provisions applicable to the specified works; and

schedule 15 paragraph 80 1 c ii + (ii)all relevant legislation statutory orders and regulations affecting the specified works; and

schedule 15 paragraph 80 1 d + (d)with due diligence.

(2) The contract for the specified works must be in accordance with the conditions of contract and the local highway authority must have all rights and powers in relation to the construction, completion and maintenance of the specified works as if they were the service manager for the specified works (as defined in the contract) but only insofar as such rights and powers are necessary to ensure that the specified works are constructed, completed and maintained to his satisfaction.

(3) The undertaker must at its own expense—

schedule 15 paragraph 80 3 a + (a)make reasonable provision to prevent mud and other materials from being carried onto local highways as a result of undertaking the specified works (such provision to include mechanical wheel cleaning apparatus and mechanical road sweeping equipment) and for any local highways on which the specified works are being undertaken to be swept by mechanical means at the end of each working day and at such other times as the local highway authority may reasonably require during the duration of the specified works and in the event that the undertaker fails to respond to any such reasonable request by an officer of the local highway authority, the local highway authority shall be entitled to sweep/clear the local highway itself and recover any and all associated costs for such from the undertaker;

schedule 15 paragraph 80 3 b + (b)carry out or pay to be carried out such works as may reasonably be required from time to time by public utility companies or by the local highway authority at the request of public utility companies in relation to or in consequence of the construction of the specified works;

schedule 15 paragraph 80 3 c + (c)as soon as reasonably practicable after receipt of a written request from the local highway authority to do so and in a manner and by such reasonable time determined by the local highway authority (acting reasonably) construct such—

schedule 15 paragraph 80 3 c i + (i)boundary fence;

schedule 15 paragraph 80 3 c ii + (ii)footpaths;

schedule 15 paragraph 80 3 c iii + (iii)road barrier safety fencing; and

schedule 15 paragraph 80 3 c iv + (iv)temporary and permanent regulatory warning signs (including foundation bases and the provision of road traffic sign illumination)

as may in the local highway authority’s reasonable opinion be required in relation to or in consequence of the construction of the specified works;

schedule 15 paragraph 80 3 d + (d)ensure the lighting and signing of the specified works comply with the specification and approved drawings and the provisions of Chapter 8 of the current edition of the Traffic Signs Manual (published by the Department for Transport) or any amendment thereto or republication thereof;

schedule 15 paragraph 80 3 e + (e)without prejudice to the provisions of section 174(2) (precautions to be taken by persons executing works in streets) of the 1980 Act until the issue (or deemed issue) of the final certificate keep the specified works safe and in a good state of repair;

schedule 15 paragraph 80 3 f + (f)pay the energy costs of any street lighting provided as part of the specified works from the date of commissioning/switching on of such street lighting until the issue (or deemed issue) of the final certificate;

schedule 15 paragraph 80 3 g + (g)during the period when the specified works are being executed—

schedule 15 paragraph 80 3 g i + (i)institute measures reasonably required to maintain the traffic flows on the highways in the vicinity of the specified works with such temporary traffic management arrangements to be operated to the reasonable satisfaction of the local highway authority and except in cases of any emergency the undertaker must give five working days’ notice to the local highway authority of any intention to change the layout of any traffic management arrangements and must obtain the highway authority’s consent before carrying out such changes; and

schedule 15 paragraph 80 3 g ii + (ii)request any orders or notices statutorily required in connection with the specified works;

schedule 15 paragraph 80 3 h + (h)ensure that all operations reasonably necessary for the execution of the specified works must insofar as is reasonably practicable be carried on so as not to interfere unnecessarily or improperly with the public convenience or the access to or use or occupation of local highway or private roads and footpaths; and

schedule 15 paragraph 80 3 i + (i)provide road markings on each applicable local highway at the time and in the manner to be determined by the local highway authority.