SCHEDULES
SCHEDULE 17Protective provisions
Part 5Protection of F1Canal & River Trust
8
1
If any canal work is abandoned, F2Canal & River Trust may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice to remove the work and (to such extent as F2Canal & River Trust reasonably requires) to restore the site to its former condition.
2
If any canal work is in such condition that it is, or is likely to become, a danger to or to interfere with navigation, F2Canal & River Trust may by notice in writing require the nominated undertaker to take such reasonable steps as may be specified in the notice—
a
to repair and restore the work or part of it, or
b
if the nominated undertaker so elects, to remove the work and (to such extent as F2Canal & River Trust reasonably requires) to restore the site to its former condition.
3
If—
a
a work which consists of a canal work and a non-canal work is abandoned or falls into decay; and
b
the non-canal work is in such a condition as to interfere with the right of navigation in the relevant canal or as to interfere with the rights of access or use of land adjacent to the relevant canal;
F2Canal & River Trust may include the non-canal work, or any part of it, in any notice under this paragraph.
4
If after such reasonable period as may be specified in a notice under this paragraph the nominated undertaker has failed to begin taking steps to comply with the requirements of the notice or after beginning has failed to make reasonably expeditious progress towards their implementation, F2Canal & River Trust may carry out the works specified in the notice and any expenditure reasonably incurred by it in so doing shall be recoverable from the nominated undertaker.
5
In this paragraph “canal work” means so much of any specified work or any other work of which the nominated undertaker is in possession under the powers of this Act as is in or over a canal owned or managed by F2Canal & River Trust and “non-canal work” means so much of any such work as is not in or over a canal.
Words in Sch. 17 Pt. 5 heading substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 19(2) (with arts. 4-6)