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SCHEDULES

SCHEDULE 3Highways

Construction

9(1)Where under this Part of this Act the nominated undertaker—

(a)constructs a new highway, or

(b)alters a highway, otherwise than by carrying out street works within the meaning of Part III of the New Roads and Street Works Act 1991,

the construction or alteration shall be completed to the reasonable satisfaction of the highway authority.

(2)Where work to which sub-paragraph (1) above applies has been completed to the reasonable satisfaction of a highway authority, it shall certify that fact in writing to the nominated undertaker.

(3)If the nominated undertaker requests a highway authority to issue a certificate under sub-paragraph (2) above and the highway authority does not before the end of the period of 28 days beginning with the date on which the request was made—

(a)issue a certificate under that sub-paragraph, or

(b)notify the nominated undertaker of its decision to refuse to issue such a certificate,

it shall be deemed to have issued such a certificate at the end of that period.

(4)Any dispute with a highway authority under this paragraph shall, if the parties agree, be referred to arbitration, but shall otherwise be determined by the Secretary of State.