SCHEDULES
SCHEDULE 3Highways
Construction
C19
1
Where under 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 3 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) 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) 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.