SCHEDULES
SCHEDULE 14PROTECTIVE PROVISIONS
PART 8FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY
Construction of tunnelling works
schedule 14 paragraph 100 100.—(1) Prior to commencing construction of the tunnelling works and as soon as reasonably practicable after they each become available, the undertaker must provide to the PLA the following—
schedule 14 paragraph 100 1 a (a)an Approval in Principle, or similar, demonstrating that the design requirement has been incorporated into the detailed design of the tunnelling works;
schedule 14 paragraph 100 1 b (b)a Design Certificate demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;
schedule 14 paragraph 100 1 c (c)a Check Certificate, completed by an independent person, demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;
schedule 14 paragraph 100 1 d (d)a river use and navigation emergency response plan relating to the tunnelling works in so far as they may affect the river Thames or the PLA’s functions, which must include reasonable notification to the PLA of any risks arising which may affect the PLA’s assets and operations; and
schedule 14 paragraph 100 1 e (e)a management, monitoring and reporting plan relating to the tunnelling works in so far as they may affect the river Thames and the PLA’s functions, which must include a mechanism by which the PLA can reasonably require any additional relevant monitoring information concerning such risks.
(2) The undertaker must supply to the PLA—
schedule 14 paragraph 100 2 a (a)any of the drawings referred to in either of the certificates specified in sub-paragraphs (2)(b) and (2)(c); and
schedule 14 paragraph 100 2 b (b)such other information relating to any of the documents provided under sub-paragraph (1) or (2)(a) as the PLA may reasonably require,
upon request made by the PLA within 10 business days of the day on which the PLA receives the document that gives rise to the request.
(3) If, following receipt of any of the documents supplied under sub-paragraphs (2) and (3), the PLA is not reasonably satisfied that the design requirement will be met, senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 to review the proposed detailed design of the tunnelling works so far as it concerns the design requirement.
(4) In this paragraph—
schedule 14 paragraph 100 4 a (a)term design certificate term check certificate term approval in principle “Approval in Principle”, “Check Certificate” and “Design Certificate” have the same meaning as in the DMRB Volume 1 Section 1 Part 1 BD2/12;
schedule 14 paragraph 100 4 b (b)term the design requirement “the design requirement” means the detailed design requirement specified in paragraph 99(1) (design of, and coordination of, tunnelling works to ensure existing and future use of river Thames);
schedule 14 paragraph 100 4 c (c)term the specified day “the specified day” means—
schedule 14 paragraph 100 4 c i (i)the day on which the documents referred to in sub-paragraph (4) are provided to the PLA under that sub-paragraph; or
schedule 14 paragraph 100 4 c ii (ii)the day on which the undertaker provides the PLA with all drawings and further information that has been requested by the PLA under sub-paragraph (2),
whichever is the later.