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The Network Rail (Hitchin (Cambridge Junction)) Order 2011

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4.—(1) Network Rail shall before commencing the construction of any specified work submit to the Agency for its reasonable approval a ground investigation programme.

(2) Network Rail shall supply the Agency with the results of any ground investigations or groundwater risk assessments carried out as part of any ground investigation programme approved pursuant to sub-paragraph (1) and shall consult with the Agency as regards those results.

(3) If following receipt of any results and after having been consulted by Network Rail regarding those results in accordance with sub-paragraph (2) the Agency reasonably considers that—

(a)an amendment to the approved ground investigation programme; or

(b)remediation works,

are required, it shall advise Network Rail accordingly.

(4) Upon receiving advice from the Agency that it considers an amendment to the approved ground investigation programme to be required pursuant to sub-paragraph (3), Network Rail shall prepare and submit to the Agency for its reasonable approval a revised ground investigation programme.

(5) Upon receiving advice from the Agency that it considers remediation works to be required pursuant to sub-paragraph (3), Network Rail shall prepare and submit to the Agency for its reasonable approval a remediation strategy.

(6) Following completion of any work prescribed by any remediation strategy approved pursuant to sub-paragraph (4), Network Rail shall submit to the Agency for its reasonable approval a verification report.

(7) Construction of any specified work and any ground investigation shall not be commenced except—

(a)in accordance with any relevant ground investigation programme (or any approved amendment of it) or relevant remediation strategy approved pursuant to this paragraph; and

(b)following the approval by the Agency of any relevant verification report submitted to it under sub-paragraph (5).

(8) In sub-paragraph (7), a ‘relevant’ ground investigation programme, remediation strategy or verification report is one which relates to any part of the land upon which it is proposed to construct the specified work in question.

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