SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Final Certificate

91.—(1) If after the expiration of the maintenance period and if following the further inspection(s) referred to in paragraph 90 of this Part of this Schedule the specified works have been shown to be satisfactory and the defects have been remedied and the specified works reinstated and otherwise made good to the satisfaction of the local highway authority it must as soon as reasonably practicable issue the final certificate.

(2) Prior to the issue of the final certificate the undertaker must provide the local highway authority with—

(a)a plan showing the land over which the specified works have been constructed;

(b)a complete set of as-built drawings for the whole of the specified works in accordance with paragraph 106 of this Part of this Schedule;

(c)the health and safety file; and

(d)the post-construction inventory.

(3) If within 40 working days after the undertaker requesting an inspection by the local highway authority pursuant to paragraph 90(1) of this Part of this Schedule the local highway authority has not inspected the specified works or specified whether or not a stage 4 safety audit is required, the final certificate is deemed to have been issued and dated on the day following the 40 working day period.

(4) If within 40 working days after the undertaker requesting an inspection by the local highway authority pursuant to paragraph 90(3) of this Part of this Schedule the local highway authority has not further inspected the specified works or issued a final certificate, the final certificate is deemed to have been issued and dated on the day following the 40 working day period.

(5) The undertaker must include in any request for inspection made to the local highway authority under paragraphs 90(1) and/or 90(3) of this Part of this Schedule a statement that the provisions of sub-paragraphs (3) or (4) apply (as applicable) and if the notification or request fails to include such statement the provisions of sub-paragraph (3) or (4) (as applicable) will not apply.