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The Silvertown Tunnel Order 2018

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Inspection and construction

58.—(1) All works must be constructed without unnecessary delay in accordance with the detailed designs approved or settled under this Part of this Schedule and to the reasonable satisfaction of the Agency.

(2) Save where TfL constructs a specified work in accordance with any detailed designs approved by the Agency under paragraph 56, TfL must not damage or obstruct any drainage work during the construction of a specified work.

(3) An officer of the Agency is entitled to watch and inspect the construction of any specified work.

(4) TfL must give to the Agency not less than 10 business days’ notice in writing of its intention to commence construction of a specified work and notice in writing of its completion not later than five business days after the date on which it is completed.

(5) If the Agency reasonably requires, TfL must construct all or part of any protective works so that they are in place prior to the carrying out of any specified work to which they relate.

(6) If any part of a specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require TfL at TfL’s own expense to comply with the requirements of this Part of this Schedule or if TfL so elects (and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(7) Subject to sub-paragraph (8), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (6) is served upon TfL, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from TfL.

(8) In the event of any dispute as to whether sub-paragraph (6) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in an emergency, exercise the powers conferred by sub-paragraph (7) until the dispute has been finally determined.

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