PART 4

OPERATIONAL PROVISIONS

Operation of the new bridge
41
1
The undertaker must operate the new bridge in accordance with the Scheme of Operation.
2
The Scheme of Operation may be varied or replaced by the undertaker at any time—
a
on the undertaker's own volition, with the consent of the harbour authority (such consent not to be unreasonably withheld) or, in accordance with paragraph (5), the consent of the Secretary of State; or
b
following receipt of a request made by the harbour authority for the undertaker to vary or replace the Scheme of Operation, which the undertaker must not unreasonably refuse to agree to, or then delay in proceeding with under this article.
3
Before varying or replacing the Scheme of Operation under paragraph (2), the undertaker must request that the harbour authority consults the PMSC Stakeholder Group on the proposed variation to or replacement of the Scheme of Operation, and on receiving such a request the harbour authority must then consult the PMSC Stakeholder Group at the earliest opportunity.
4
When consulting the PMSC Stakeholder Group under paragraph (3)—
a
the harbour authority must provide to the PMSC Stakeholder Group information relating to the outcome of any review by the harbour authority of its navigation risk assessment or of any other formal risk assessment it may have carried out in connection with the proposed variation to or replacement of the Scheme of Operation; and
b
the undertaker and the harbour authority must have regard to any representations made by the PMSC Stakeholder Group in relation to the proposed variation to or replacement of the Scheme of Operation, prior to the undertaker or the harbour authority providing its consent under paragraph (2)(a) or (b) (as applicable).
5
If the consent of the undertaker or the harbour authority (as applicable) required under paragraph (2) is not given—
a
within 28 days of submission to the other party of an application for its consent to a proposed variation to or replacement of the Scheme of Operation; or
b
before the expiration of any extended deadline for that consent agreed to by the party proposing the amendment, the grant of such an extension not to be unreasonably withheld or delayed, then the proposed variation to or replacement of the Scheme of Operation must be submitted by the undertaker to the Secretary of State for approval.
6
Any submission to the Secretary of State under paragraph (5) must also include a report setting out any representations of the PMSC Stakeholder Group made in response to the proposed variation to or replacement of the Scheme of Operation under paragraph (2).
7
Following submission of the proposed variation to or replacement of the Scheme of Operation to the Secretary of State for approval under paragraph (5), the undertaker or the harbour authority (as applicable) may still grant its consent to the proposed variation to or replacement of the Scheme of Operation at any time prior to the Secretary of State's determination, but if the undertaker or the harbour authority does so it must on the same day inform the other party and the Secretary of State of its consent.
8
The harbour authority must give a general direction imposing the requirements of the Scheme of Operation relating to the masters of vessels on the masters of vessels not less than 21 days prior to the new bridge opening for public use and, in relation to any variation to or replacement of the Scheme of Operation under paragraph (2), with such prior notice as the harbour authority considers appropriate in consultation with the undertaker or, in the event that prior notice cannot be given, as soon as practicable following any variation or replacement.
9
Article 62 (arbitration) does not apply to any dispute arising under this article.
10
In paragraph (8) “general direction” means a harbour direction given by the harbour authority under section 40A of the Harbours Act 1964
that applies generally to Lowestoft Harbour.
Art. 41 in force at 21.5.2020, see art. 1
Art. 41(8) substituted (22.10.2020) by The Lake Lothing (Lowestoft) Third Crossing (Correction) Order 2020 (S.I. 2020/1158), arts. 1, 2(2)
Art. 41(10) inserted (22.10.2020) by The Lake Lothing (Lowestoft) Third Crossing (Correction) Order 2020 (S.I. 2020/1158), arts. 1, 2(2)(a)