SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 11FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Final Certificate

161.—(1) The relevant local highway authority must as soon as reasonably practicable, and in any event within 10 business days of paragraphs all of paragraphs (a) to (f) of this sub-paragraph being satisfied, issue a final certificate in respect of the works where—

(a)the maintenance period has elapsed;

(b)all incomplete works and identified defects requiring remediation under paragraph 158(1) (defects in local highways constructed by the undertaker) have been remedied to the relevant local highway authority’s reasonable satisfaction;

(c)the undertaker has given the relevant local highway authority a reasonable opportunity to inspect the relevant works in readiness for the issue of a final certificate and has given due consideration and acted accordingly in respect of any representations and recommendations made by the relevant local highway authority in respect of the works;

(d)the undertaker has provided the relevant local highway authority with a health and safety file in respect of the relevant works to the relevant local highway authority’s reasonable satisfaction;

(e)the undertaker has provided the relevant local highway authority with as built drawings and such detailed information as the relevant local highway authority has requested (acting reasonably) in relation to the relevant works as built; and

(f)any sewers which the local drainage authority consider should be constructed to dispose of soil and surface water drainage in connection with the relevant Works and in order to make them appropriate for public use have been constructed.

(2) The issue of a final certificate by the relevant local highway authority amounts to an acknowledgment by the relevant local highway authority that the construction alteration or diversion (as the case may be) of a highway has been completed to its reasonable satisfaction for the purposes of article 10 (construction and maintenance of new, altered or diverted streets and other structures) of this Order.

(3) In this paragraph, “as built drawings” means—

(a)drawings showing the as constructed local highways in an appropriate format;

(b)drawings showing the location for utilities installed in the local highway; and

(c)specifications for materials used for the constructed local highway.