Article 21
SCHEDULEFOR PROTECTION OF SECRETARY OF STATE FOR TRANSPORT
1. The provisions of this Schedule shall, unless otherwise agreed in writing between the Board and the Highways Agency (“the Agency”), acting on behalf of the Secretary of State for Transport, have effect for the protection of the Secretary of State.
2. Where any consent, approval or agreement is required to be given by the Agency pursuant to this Schedule, it shall not be unreasonably withheld or delayed.
3. Before the Board commences the construction of Works Nos. 19 and 41 the Board must first notify the Agency in writing.
4. During the development and construction of Works Nos. 19 and 41 and any other works that have a material impact on the integrity or operation of the A20 Trunk Road, the Board shall at all times comply with all reasonable requirements of the Agency as to public safety, standards of construction and traffic management and shall construct Works Nos.19 and 41 under the supervision (if given) of the Agency.
5. For the purposes of Works Nos. 19 and 41, or of complying with the requests of the Agency pursuant to paragraph 4, the Board may act as an agent of the Agency.
6. The Board and the Agency shall enter into agreements with respect to the construction of the whole or any part of Works Nos. 19 and 41 and those agreements will (without limitation on the scope of this paragraph)—
(a)make provision for the Board or the Agency to carry out any functions under this Order which relate to Works Nos. 19 and 41 and for those purposes section 278 of the Highways Act 1980(1) (“the 1980 Act”) shall be construed as permitting the Board or those authorised on its behalf to carry out works in the public highway;
(b)provide for the vesting (when completed) of the whole or any part of Works Nos. 19 and 41 in the Agency; and
(c)contain such terms as to funding or otherwise as the parties consider appropriate.
7. Nothing in this Order shall prevent the Agency at its own cost from constructing pursuant to its existing powers under the 1980 Act the whole or any part of Works Nos. 19 and 41.
8. The Board must reimburse to the Agency the reasonable costs incurred by the Agency for any supervision by the Agency of the Board pursuant to paragraph 4.
9. This Schedule is without prejudice to the operation of section 278 of the 1980 Act.