SCHEDULES

SCHEDULE 15PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Application etc.,

schedule 15 paragraph 55 + 55.—(1) The provisions of this Part of this Schedule apply for the protection of National Highways and have effect unless otherwise agreed in writing between the undertaker and National Highways.

(2) Except where expressly amended by this Order the operation of the powers and duties of National Highways or the Secretary of State under the 1980 Act, the 1984 Act, the 1991 Act, the Transport Act 2000(1), or Town and Country Planning (General Permitted Development) (England) Order 2015(2) which shall continue to apply in respect of the exercise of all National Highways’ statutory functions.

Interpretation

schedule 15 paragraph 56 + 56.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2), the latter prevail.

(2) In this Part of this Schedule—

term administration fee + “administration fee” means the fee payable pursuant to the provisions of this Part of this Schedule that represent the general internal costs of National Highways in administering the implementation of the specified work and the requirements of this Part of this Schedule and charged as a flat fee based on the final cost of the specified works;

term as built information + “as built information” means one electronic copy of the following information—

term the bond sum + “the bond sum” means the sum equal to 200% of the cost of the carrying out the specified works (to include all costs plus any commuted sum) or such other sum agreed between the undertaker and National Highways;

term the cash surety + “the cash surety” means the sum agreed between the undertaker and National Highways;

term commuted sum + “commuted sum” means such sum calculated as provided for in paragraph 69 of this Part of this Schedule to be used to fund the future cost of maintaining the specified works where such works have resulted in new network equipment or improvements to the SRN which require future maintenance;

term condition survey + “condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that may be affected by the specified works;

term contractor + “contractor” means any contractor or subcontractor appointed by the undertaker to carry out the specified works;

term defects period + “defects period” means the period from the date of the provisional certificate to the date of the final certificate which shall be no less than 12 months from the date of the provisional certificate;

term detailed design information + “detailed design information” means such of the following drawings, specifications and calculations as are relevant to the specified works—

term dbfo contract + “DBFO contract” means the contract between National Highways and the highway operations and maintenance contractor for the maintenance and operation of parts of the strategic road network which are within the Order Limits or any successor or replacement contract that may be current at the relevant time;

term dmrb + “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;

term final certificate + “final certificate” means the certificate relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 67 of this Part of this Schedule;

term the health and safety file + “the health and safety file” means the file or other permanent record containing the relevant health and safety information for the authorised development required by the Construction (Design and Management) Regulations 2015(3) (or such updated or revised regulations as may come into force from time to time);

term highway operations and maintenance contractor + “highway operations and maintenance contractor” means the contractor appointed by National Highways under the DBFO contract;

term nominated persons + “nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the specified works as notified to National Highways from time to time;

term programme of works + “programme of works” means a document setting out the sequence and timetabling of the specified works;

term provisional certificate + “provisional certificate” means the certificate of provisional completion relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraph 63 of this Part of this Schedule when it considers the specified works are substantially complete and may be opened for traffic;

term road safety audit + “road safety audit” means an audit carried out in accordance with the road safety audit standard;

term road safety audit standard + “road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it;

term road space booking + “road space booking” means road space bookings in accordance with National Highways’ Asset Management Operational Requirements (AMOR) including Network Occupancy Management System (NOMS) used to manage road space bookings and network occupancy;

term specification for highways works + “Specification for Highways Works” means the specification for highways works forming part of the manual of contract documents for highway works published by National Highways and setting out the requirements and approvals procedures for work, goods or materials used in the construction, improvement or maintenance of the strategic road network;

term specified works + “specified works” means—

term strategic road network + “strategic road network” means any part of the road network including trunk roads, special roads or streets and including any structure on such roads or streets for which National Highways is the highway authority including drainage infrastructure, street furniture, verges and vegetation and all other land, apparatus and rights located in, on, over or under the highway;

term utilities + “utilities” means any pipes, wires, cables or equipment belonging to any person or body having power or consent to undertake street works under the 1991 Act; and

term winter maintenance + “winter maintenance” means maintenance of the road surface to deal with snow and ice.

General

schedule 15 paragraph 57 + 57.  The undertaker acknowledges that parts of the works authorised by this Order affect or may affect parts of the strategic road network in respect of which National Highways have appointed the highway operations and maintenance contractor.

schedule 15 paragraph 58 + 58.  References to any standards, manuals, contracts, Regulations and Directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.

Works outside the Order limits

schedule 15 paragraph 59 + 59.  If the undertaker proposes to carry out works to the strategic road network that are outside of the Order Limits in connection with the authorised development, the undertaker must enter into an agreement with National Highways in respect of the carrying out of those works prior to the commencement of those works. For the avoidance of doubt, the reference to works in this paragraph 59 does not include traffic regulation orders identified on the access and traffic regulation order plans.

Prior approvals and security

schedule 15 paragraph 60 + 60.—(1) The specified works must not commence until in respect of that part of the specified work, save where an item in (a) to (j) is agreed by National Highways and the undertaker as not being relevant to that part of the specified works—

schedule 15 paragraph 60 1 a + (a)a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

schedule 15 paragraph 60 1 b + (b)the programme of works has been approved by National Highways;

schedule 15 paragraph 60 1 c + (c)the detailed design of the specified works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

schedule 15 paragraph 60 1 c i + (i)the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph (a);

schedule 15 paragraph 60 1 c ii + (ii)details of the proposed road space bookings;

schedule 15 paragraph 60 1 c iii + (iii)the identity and qualification of the contractor and nominated persons;

schedule 15 paragraph 60 1 c iv + (iv)a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker; and

schedule 15 paragraph 60 1 c v + (v)information demonstrating that the walking, cycling and horse riding assessment and review process undertaken by the undertaker in relation to the specified works has been adhered to in accordance with DMRB GG142 - Designing for walking, cycling and horse riding.

schedule 15 paragraph 60 1 d + (d)a scheme of traffic management has been submitted by the undertaker and approved by National Highways such scheme to be capable of amendment by agreement between the undertaker and National Highways from time to time;

schedule 15 paragraph 60 1 e + (e)stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv) above;

schedule 15 paragraph 60 1 f + (f)National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

schedule 15 paragraph 60 1 g + (g)the undertaker has agreed the estimate of the commuted sum with National Highways;

schedule 15 paragraph 60 1 h + (h)the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the specified works (which must include winter maintenance) has been agreed in writing by National Highways;

schedule 15 paragraph 60 1 i + (i)the undertaker has procured to National Highways warranties from the contractor and designer of the specified works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill, care and diligence in designing and constructing the specified works, including in the selection of materials, goods, equipment and plant; and

schedule 15 paragraph 60 1 j + (j)the condition survey and a reasonable regime of monitoring of any National Highways assets or structures that are the subject of the condition survey has been agreed in writing by National Highways.

(2) The undertaker must not exercise—

schedule 15 paragraph 60 2 a + (a)article 5 (maintenance of authorised development);

schedule 15 paragraph 60 2 b + (b)article 12 (temporary stopping up of streets);

schedule 15 paragraph 60 2 c + (c)article 17 (traffic regulation);

schedule 15 paragraph 60 2 d + (d)article 19 (discharge of water);

schedule 15 paragraph 60 2 e + (e)article 20 (protective works to buildings and structures);

schedule 15 paragraph 60 2 f + (f)article 21 (authority to survey and investigate the land);

schedule 15 paragraph 60 2 g + (g)article 23 (felling or lopping trees and removal of hedgerows);

schedule 15 paragraph 60 2 h + (h)article 35 (temporary use of land for carrying out the authorised development); or

schedule 15 paragraph 60 2 i + (i)article 36 (temporary use of land for maintaining the authorised development) of this Order,

over any part of the strategic road network without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and/or submit a scheme of traffic management for National Highways’ approval.

(3) National Highways must prior to the commencement of the specified works or the exercise of any power referenced in sub-paragraph (2) inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraphs (1) or (2).

(4) Any approval of National Highways required under this paragraph 60—

schedule 15 paragraph 60 4 a + (a)must not be unreasonably withheld;

schedule 15 paragraph 60 4 b + (b)must be given in writing;

schedule 15 paragraph 60 4 c + (c)shall be deemed to have been refused if neither given nor refused within 2 months of the receipt of the information for approval or, where further particulars are requested by National Highways within 2 months of receipt of the information to which the request for further particulars relates; and

schedule 15 paragraph 60 4 d + (d)may be subject to any conditions as National Highways considers necessary.

(5) National Highways must provide the undertaker with a list, which is to be agreed between the parties acting reasonably, of all the structures, assets and pavements to be subject to both a condition survey and reasonable regime of monitoring pursuant to sub-paragraph (1)(j) before the first condition survey is conducted and the reasonable regime of monitoring is implemented.

Construction of the specified works

schedule 15 paragraph 61 + 61.—(1) The undertaker must give National Highways 28 days’ notice in writing of the date on which part of the specified works will start unless otherwise agreed by National Highways.

(2) The undertaker must comply with National Highways’ road space booking procedures prior to and during the carrying out of the specified works and no such specified works for which a road space booking is required shall commence without a road space booking having first been secured from National Highways.

(3) The specified works must be carried out by the undertaker to the satisfaction of National Highways in accordance with—

schedule 15 paragraph 61 3 a + (a)the relevant detailed design information and programme of works approved pursuant to paragraph 60(1) of this Part of this Schedule or as subsequently varied by agreement between the undertaker and National Highways;

schedule 15 paragraph 61 3 b + (b)the DMRB, the Manual of Contract Documents for Highway Works, including the Specification for Highway Works, together with all other relevant standards as required by National Highways to include, inter alia; all relevant interim advice notes, the Traffic Signs Manual and the Traffic Signs Regulations and General Directions 2016(4) save to the extent that exceptions from those standards apply which have been approved by National Highways; and

schedule 15 paragraph 61 3 c + (c)all aspects of the Construction (Design and Management) Regulations 2015 or any statutory amendment or variation of the same and in particular the undertaker, as client, must ensure that all client duties (as defined in the said regulations) are undertaken to the satisfaction of National Highways.

(4) The undertaker must permit and must require the contractor to permit at all reasonable times and upon reasonable notice persons authorised by National Highways (whose identity must have been previously notified to the undertaker by National Highways) to gain access to the specified works for the purposes of inspection and supervision of the specified works.

(5) If any part of the specified works is constructed—

schedule 15 paragraph 61 5 a + (a)other than in accordance with the requirements of this Part of this Schedule; or

schedule 15 paragraph 61 5 b + (b)in a way that causes damage to the highway, highway structure or asset or any other land of National Highways,

National Highways may by notice in writing require the undertaker, at the undertaker’s own expense, to comply promptly with the requirements of this Part of this Schedule or remedy any damage notified to the undertaker under this Part of this Schedule, to the satisfaction of National Highways.

(6) If within 28 days on which a notice under sub-paragraph (5) is served on the undertaker (or in the event of there being, in the opinion of National Highways, a danger to road users, within such lesser period as National Highways may stipulate), the undertaker has failed to take the steps required by that notice, National Highways may carry out the steps required of the undertaker and may recover any expenditure incurred by National Highways in so doing, such sum to be payable within 30 days of a written demand, including itemised costs.

(7) Nothing in this Part of this Schedule prevents National Highways from carrying out any work or taking any such action as it reasonably believes to be necessary as a result of or in connection with or the carrying out or maintenance of the authorised development without prior notice to the undertaker in the event of an emergency or to prevent the occurrence of danger to the public and National Highways may recover any expenditure it reasonably incurs in so doing.

(8) In constructing the specified works, the undertaker must at its own expense divert or protect all utilities and all agreed alterations and reinstatement of highway over existing utilities must be constructed to the satisfaction of National Highways.

(9) During the construction of the specified works the undertaker must carry out all maintenance (including winter maintenance) in accordance with the scope of maintenance operations agreed by National Highways pursuant to paragraph 60(1)(h) of this Part of this Schedule and the undertaker must carry out such maintenance at its own cost.

(10) The undertaker must notify National Highways if it fails to complete the specified works in accordance with the agreed programme pursuant to paragraph 60(1)(b) of this Part of this Schedule or suspends the carrying out of any specified work beyond a reasonable period of time and National Highways reserves the right to withdraw any road space booking granted to the undertaker to ensure compliance with its network occupancy requirements.

Payments

schedule 15 paragraph 62 + 62.—(1) The undertaker must pay to National Highways a sum equal to the whole of any costs and expenses which National Highways incurs (including costs and expenses for using internal or external staff) in relation to the specified works and in relation to any approvals sought under this Order, or otherwise incurred under this Part of this Schedule, including—

schedule 15 paragraph 62 1 a + (a)the checking and approval of the information required under paragraph 60(1) of this Part of this Schedule;

schedule 15 paragraph 62 1 b + (b)the supervision of the specified works;

schedule 15 paragraph 62 1 c + (c)the checking and approval of the information required to determine approvals under this Order which are not covered by the administration fee;

schedule 15 paragraph 62 1 d + (d)all costs in relation to the transfer of any land or grant of rights which may be required for the specified works;

schedule 15 paragraph 62 1 e + (e)the administration fee;

schedule 15 paragraph 62 1 f + (f)all legal costs incurred which are not already covered by (a) to (e) above; and

schedule 15 paragraph 62 1 g + (g)any value added tax which is payable by National Highways in respect of such costs and expenses in (a) to (f) and for which it cannot obtain reinstatement from HM Revenue and Customs,

together comprising the “NH costs”.

(2) The undertaker must pay to National Highways within 30 days of receipt and prior to such costs being incurred the total costs that National Highways believe will be properly and necessarily incurred by National Highways in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the specified works.

(3) National Highways must provide the undertaker with an itemised schedule showing its estimate of the NH costs, including its estimate of the administration fee, prior to the commencement of the specified works and the undertaker must pay to National Highways an amount equal to the estimated sum prior to National Highways incurring any cost and prior to commencing the specified works.

(4) If at any time after the payment referred to in sub-paragraph (3) has become payable, National Highways reasonably believes that the NH costs will exceed the estimated NH costs notified pursuant to sub-paragraph (3) it may give written notice to the undertaker of the amount that it believes the NH costs will exceed the estimate (“the excess”) and the undertaker must pay to National Highways within 30 days of the date of the notice a sum equal to the excess.

(5) National Highways must give the undertaker an itemised final account of NH costs referred to in sub-paragraph (1) within 91 days of the issue of the provisional certificate issued pursuant to paragraph 63(4) of this Part of this Schedule.

(6) Within 30 days of the issue of the final account—

schedule 15 paragraph 62 6 a + (a)if the final account shows a further sum as due to National Highways the undertaker must pay to National Highways the sum shown due to it;

schedule 15 paragraph 62 6 b + (b)if the account shows that the payment or payments previously made by the undertaker have exceeded the costs incurred by National Highways, National Highways must refund the difference to the undertaker.

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.

Opening

schedule 15 paragraph 64 + 64.  The undertaker must notify National Highways not less than 14 days in advance of the intended date of opening to the public of part (a) of the specified works and the undertaker must notify National Highways of the actual date part (a) of the specified works will be opened to the public within 14 days of that date.

Final condition survey

schedule 15 paragraph 65 + 65.—(1) The undertaker must, as soon as reasonably practicable after making its application for a provisional certificate pursuant to paragraph 63(2), arrange for the highways structures and assets that were the subject of the condition survey to be re-surveyed and must submit the re-survey to National Highways for its approval. The re-survey will include a renewed geotechnical assessment required by DMRB CD622 or its equivalent if the specified works include any works beneath the strategic road network.

(2) If the re-surveys carried out pursuant to sub-paragraph (1) indicate that any damage has been caused to a structure, asset or pavement, the undertaker must submit a scheme for remedial works in writing to National Highways for its approval in writing and the undertaker must carry out the remedial works at its own cost and in accordance with the scheme submitted.

(3) If the undertaker fails to carry out the remedial work in accordance with the approved scheme, National Highways may carry out the steps required of the undertaker and may recover any expenditure it reasonably incurs in so doing, such agreed sum to be paid within 30 days of receipt of a written and itemised demand.

(4) National Highways may, at its discretion, at the same time as giving its approval to the re-surveys pursuant to sub-paragraph (1) give notice in writing that National Highways will remedy any damage identified in the re-surveys and National Highways may recover any expenditure it reasonably incurs in so doing.

(5) The undertaker must make available to National Highways upon request copies of any survey or inspection reports produced pursuant to any inspection or survey of any of the specified work following its completion that the undertaker may from time to time carry out.

Defects Period

schedule 15 paragraph 66 + 66.—(1) The undertaker must at its own expense remedy any defects in the specified works as are reasonably required by National Highways to be remedied during the defects period. All identified defects must be remedied in accordance with the following timescales—

schedule 15 paragraph 66 1 a + (a)in respect of matters of urgency, within 24 hours of receiving notification for the same (urgency to be determined at the absolute discretion of National Highways);

schedule 15 paragraph 66 1 b + (b)in respect of matters which National Highways considers to be serious defects or faults, within 14 days of receiving notification of the same; and

schedule 15 paragraph 66 1 c + (c)in respect of all other defects notified to the undertaker, within 4 weeks of receiving notification of the same or such other time period as is agreed.

(2) On the issue of the provisional certificate National Highways has responsibility for maintenance of the strategic road network save for any soft landscaping works which must be established and which must thereafter be maintained for a period of 3 years by and at the expense of the undertaker.

Final Certificate

schedule 15 paragraph 67 + 67.—(1) The undertaker must apply to National Highways for the final certificate no sooner than 12 months from the date of the provisional certificate.

(2) Following receipt of the application for the final certificate, National Highways must as soon as reasonably practicable and within 28 days of receipt of the application under sub-paragraph (1) National Highways must—

schedule 15 paragraph 67 2 a + (a)inspect the specified works; and

schedule 15 paragraph 67 2 b + (b)provide the undertaker with a written list of any further works required to remedy or make good any defect or damage to the strategic road network or confirmation that no such works are required for this purpose.

(3) The undertaker must carry out such works notified to it pursuant to sub-paragraph (2).

(4) When National Highways is satisfied that any defects or damage arising from defects during the defects period and any defects notified to the undertaker pursuant to sub-paragraph (2) and any remedial works required as a result of the stage 4 road safety audit have been made good to the satisfaction of National Highways, National Highways must issue the final certificate, such certificate not to be unreasonably withheld or delayed, after which the bond shall be released in full.

Security

schedule 15 paragraph 68 + 68.  The specified works must not commence until—

schedule 15 paragraph 68 a + (a)the undertaker procures that the specified works are secured by a bond from a bondsman first approved by National Highways in the agreed form between the undertaker and National Highways, to indemnify National Highways against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of the exercise of the powers under this Order and the specified works under the provisions of this Part of this Schedule provided that the maximum liability of the bond must not exceed the bond sum; and

schedule 15 paragraph 68 b + (b)the undertaker has provided the cash surety which may be utilised by National Highways in the event of the undertaker failing to meet its obligations to make payments under paragraph 62 of this Part of this Schedule or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker under the provisions of this Part of this Schedule.

Commuted sums

schedule 15 paragraph 69 + 69.—(1) National Highways must provide to the undertaker an estimate of the commuted sum, calculated in accordance with FS Guidance S278 Commuted Lump Sum Calculation Method dated 18 January 2010 or any successor guidance, prior to the commencement of the specified works.

(2) The undertaker must pay to National Highways the commuted sum prior to the issue of the provisional certificate.

Insurance

schedule 15 paragraph 70 + 70.  Prior to the commencement of the specified works the undertaker must effect public liability insurance with an insurer in the minimum sum of £10,000,000.00 (ten million pounds) in respect of any one claim against any legal liability for damage, loss or injury to any property or any person as a direct result of the execution of the specified works or use of the strategic road network by the undertaker.

Indemnity

schedule 15 paragraph 71 + 71.—(1) The undertaker must indemnify National Highways from and against all costs, claims, expenses, damages, losses and liabilities directly suffered by National Highways arising from the construction, maintenance or use of the specified works or exercise of or failure to exercise any power under this Order within 30 days of demand provided that—

schedule 15 paragraph 71 1 a + (a)National Highways notifies the undertaker upon receipt of any claim; and

schedule 15 paragraph 71 1 b + (b)National Highways notifies the quantum of the claim to the undertaker in writing.

(2) The indemnity provided by this clause shall not apply in respect of any cost, expense, damage, loss and/or liability which may arise out of or be incidental to any negligent or defective act, default or omission on the part of National Highways, its agents, workmen or employees.

Maintenance of the specified works

schedule 15 paragraph 72 + 72.—(1) The undertaker must, prior to the commencement of any works of maintenance to the specified works, give National Highways 28 days’ notice in writing of the date on which those works will start unless otherwise agreed by National Highways, acting reasonably.

(2) If, for the purposes of maintaining the specified works, the undertaker needs to occupy any road space, the undertaker must comply with National Highways’ road space booking requirements and no maintenance of the specified works for which a road space booking is required shall commence without a road space booking having first been secured.

(3) The undertaker must comply with any requirements that National Highways may notify to the undertaker, such requirements to be notified to the undertaker not less than 7 days in advance of the planned commencement date of the maintenance works.

(4) The provisions of paragraph 64 of this Part of this Schedule shall apply to the opening of any part of the strategic road network following occupation of any road space under this paragraph 72.

Land or rights

schedule 15 paragraph 73 + 73.  If the transfer of any land from or to National Highways or the grant of rights in, on, over or under land for the benefit of the undertaker is required in respect of the specified works, National Highways and the undertaker hereby agree to cooperate in the execution of any transfer or deed of grant or easement as may be necessary. National Highways further agrees that the undertaker may exercise any powers under Part 5 of this Order as may be necessary for the acquisition of such rights.

Expert Determination

schedule 15 paragraph 74 + 74.—(1) Save as set out in sub-paragraph (6), article 52 (arbitration) of the Order does not apply to this Part of this Schedule.

(2) Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

(3) On notification by either party of a dispute, the parties must jointly instruct an expert within 14 days of notification of the dispute.

(4) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date that an expert is appointed.

(5) The expert must—

schedule 15 paragraph 74 5 a + (a)invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

schedule 15 paragraph 74 5 b + (b)permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;

schedule 15 paragraph 74 5 c + (c)issue a decision within 42 days of receipt of the submissions under sub-paragraph (b); and

schedule 15 paragraph 74 5 d + (d)give reasons for the decision.

(6) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 52.

(7) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.