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4.—(1) The undertaker, before commencing construction of any specified work, including any temporary works, must supply to the authority proper and sufficient plans of that work and must not commence the construction of any specified work except in accordance with such plans as have been approved or deemed to have been approved by the engineer or settled by arbitration.
(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 42 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the authority the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.
(3) When signifying approval of the plans the engineer may specify—
(a)any protective work to be carried out before the commencement of a specified work (whether temporary or permanent) that may be reasonably required to prevent detriment; and
(b)such other requirements as may be reasonably necessary to prevent detriment, but not involving alteration to the design of the specified work,
and such protective work must be constructed by the undertaker or (if the undertaker so elects) the authority without unnecessary delay and the undertaker must not commence the construction of any specified work until the engineer has notified the undertaker that the protective work has been completed to the engineer’s reasonable satisfaction.
(4) The approval of the engineer under sub-paragraph (3) must not be unreasonably withheld or delayed, and if by the end of the period of 14 days beginning with the date on which the engineer is notified of the completion of such protective work the engineer has not intimated disapproval and the grounds of disapproval the engineer is deemed to have approved the protective work.
(5) The authority must at all times afford reasonable facilities to the undertaker and its agents for access to any protective works carried out by the authority under this paragraph during their construction and must supply the undertaker with such information as it may reasonably require with regard to such protective works or the method of constructing them.
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