SCHEDULE 13PROTECTIVE PROVISIONS

PART 3Protection of Canal & River Trust

Undertaking of works

7.—(1) The undertaker must give to the engineer 14 days’ notice of its intention to commence the construction of any specified works or protective works (or such notice as may be reasonably practicable in the case of repair carried out in an emergency), so that, where appropriate, CRT may publish notices bringing the undertaking of those works to the attention of users of the Waterway.

(2) All specified works, and all protective works, when commenced, must be constructed—

(a)with all reasonable dispatch (having regard to the timetable for construction of the authorised development approved under Requirement 3) in accordance with the plans approved or deemed to have been approved or settled under paragraph 4;

(b)in accordance with the code of practice and under the supervision (where appropriate), and to the reasonable satisfaction, of the engineer;

(c)in such manner as to cause as little damage or disturbance as is possible to CRT’s Property; and

(d)so far as is reasonably practicable, so as not to interfere with the safe use of the Waterway.

(3) If any damage to CRT’s Property is caused by the carrying out of, or in consequence of the construction of, any specified works, the undertaker must make good such damage and must pay to CRT all reasonable and proper expenses that CRT actually incurs by reason of such damage, interference or obstruction.

(4) Nothing in this Part imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligent act or default of CRT or its servants, contractors or agents or any liability on CRT with respect to any damage, costs, expenses or loss attributable to the negligent act or default of the undertaker or its servants, contractors or agents.

(5) The undertaker must—

(a)at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

(6) CRT must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by CRT under this Part during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them