The Abergelli Power Gas Fired Generating Station Order 2019

Suspension of works

45.—(1) DCC is entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion, the actions of the undertaker, or those of its contractors or subcontractors in carrying out the works, have caused damage to any DCC apparatus or are likely to cause or result in damage to any DCC apparatus or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—

(a) the undertaker must procure that it and its contractors and subcontractors are to forthwith suspend or cease the works having due regard to health and safety factors, and discuss and agree with DCC the remedial actions required prior to resuming the works;

(b) the undertaker and DCC must act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;

(c) DCC must submit to the undertaker within 3 days following the suspension, a written notice specifying the reasons for suspending the works;

(d) in the event that DCC fails to supply the written notice within 3 days of suspension, DCC’s instruction to suspend the works will be void and the undertaker will be entitled to recommence the works; and

(e) DCC must commence, carry out and complete any remedial works pursuant to sub-paragraph (1), as soon as reasonably practicable and DCC must give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker will be entitled to resume the works.

(2) DCC is entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 45.

(3) DCC must use its reasonable endeavours to minimise any costs, expenses, loss, demands and penalties to which this paragraph 45 applies. If requested to do so by the undertaker, DCC must provide an explanation of how the claim has been minimised. The undertaker is only liable under this paragraph 45 for claims reasonably incurred by DCC.

(1)

The protective provisions within this Schedule are draft protective provisions and are being discussed with the relevant statutory undertaker.