SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 11FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Provisional Certificate

schedule 14 paragraph 159 + 159.—(1) Subject to sub-paragraph (2), when the undertaker considers that the works have reached completion so that they are available for use by the public it must serve a provisional certificate on the relevant local highway authority and must allow the relevant local highway authority the opportunity to inspect the works to identify any defects or incomplete works (and the undertaker must give proper consideration to any representations and recommendations made by the relevant local highway authority and make good such defects pursuant to paragraph 158(2) (defects in local highways constructed by the undertaker) and complete incomplete works).

(2) The undertaker may not serve a provisional certificate on the relevant local highway authority under sub-paragraph (1) until either—

schedule 14 paragraph 159 2 a + (a)a stage 3 road safety audit has been carried out in respect of the works in question in accordance with GG119 of DMRB and in the opinion of the undertaker any recommended measures identified in the audit and which the undertaker reasonably considers to be necessary, have been completed; or

schedule 14 paragraph 159 2 b + (b)the relevant local highway authority has been provided an opportunity to inspect the works and the undertaker has, in its opinion, completed any further works or measures required to address any safety deficiencies or defects identified as a result of the inspection.

(3) The relevant local highway authority must issue to the undertaker, on request from the undertaker a counter-signed provisional certificate in relation to any part of the works, after completion of that part of the works once a stage 3 safety audit has been carried out in accordance with sub-paragraph (2).