PART 6OPERATIONS

Power to operate, use and close the tunnel area

article 44 + 44.—(1) The undertaker may operate and use the tunnel area in its capacity, and for the purposes of its functions, as a highway authority.

(2) The undertaker may, whenever in its opinion it is necessary to do so, close the tunnel area, whether wholly or partially.

(3) Where the undertaker proposes to close the tunnel area under paragraph (2), it must except in an emergency—

article 44 3 a + (a)give not less than 7 days’ notice to the relevant local authorities in such other manner as the undertaker considers appropriate; and

article 44 3 b + (b)throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnel area giving warning of the closure.

(4) The power to operate and close the tunnel area under this article will only apply and have effect from the date when the tunnel area is completed and open for public use.

(5) In this article—

term emergency + “emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to—

term relevant local authorities + “relevant local authorities” means Kent County Council, Thurrock Council, and Gravesham Borough Council.