SCHEDULES
SCHEDULE 8PROTECTIVE PROVISIONS
PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
Final certificate
schedule 8 paragraph 46 46.—(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—
schedule 8 paragraph 46 2 a (a)inspect the strategic road network; and
schedule 8 paragraph 46 2 b (b)provide the undertaker with a written list of any further works required to remedy or make good any defect or damage in 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 reasonably satisfied that—
schedule 8 paragraph 46 4 a (a)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 reasonable satisfaction of National Highways; and
schedule 8 paragraph 46 4 b (b)the NH costs have been paid to National Highways in full,
National Highways must issue the final certificate after which the bond is to be released in full.
(5) The issue of a final certificate by National Highways amounts to an acknowledgment by National Highways that the construction, alteration or diversion (as the case may be) of the highway has been completed to its reasonable satisfaction for the purposes of article 12 (construction and maintenance of new, altered or diverted streets) of this Order.
(6) The undertaker must pay to National Highways within 28 days of demand the costs reasonably incurred by National Highways in identifying the defects and supervising and inspecting the undertaker’s work to remedy the defects that it is required to remedy pursuant to these provisions.