75.—(1) Subject to sub–paragraph (2), any specified work, and all protective works required by the relevant drainage authority under paragraph 74, must be constructed—E+W
(a)without unreasonable delay in accordance with the plans approved or settled under this Part; and
(b)to the reasonable satisfaction of the relevant drainage authority, and an officer of the relevant drainage authority is entitled to watch and inspect the construction of such works.
(2) The undertaker must give to the relevant drainage authority—
(a)not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and
(b)notice in writing of its completion not later than 7 days after the date on which it is brought into use.
(3) If the relevant drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.
(4) If any part of a specified work or any protective work required by the relevant drainage authority is constructed otherwise than in accordance with the requirements of this Part, the relevant drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part or (if the undertaker so elects and the relevant drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the relevant drainage authority reasonably requires.
(5) Subject to sub–paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub–paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the relevant drainage authority may execute the works specified in the notice, and any expenditure incurred by it in so doing is recoverable from the undertaker.
(6) In the event of any dispute as to whether sub–paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub–paragraph, or as to the reasonableness of any requirement of such a notice, the relevant drainage authority must not except in emergency exercise the powers conferred by sub–paragraph (4) until the dispute has been finally determined.
Commencement Information
I1Sch. 17 para. 75 in force at 1.1.2022, see art. 1