The River Tyne (Tunnels) Order 2005

51.—(1) The undertaker shall, before commencing construction of any specified work, supply to Nexus proper and sufficient plans of that work for the reasonable approval of the engineer and shall not commence such construction of the specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Nexus the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.

(3) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his reasonable opinion should be carried out before the commencement of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of any railway belonging to Nexus (including any relocation of works, apparatus and equipment necessitated by a specified work), and such protective works as may reasonably be necessary for those purposes shall be constructed by Nexus or by the undertaker, if Nexus so desires, with all reasonable dispatch and the undertaker shall not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction.

(4) The engineer shall inspect the protective works and notify the undertaker that they have been completed to his reasonable satisfaction, or otherwise, as soon as reasonably practicable after they have been completed.