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Closing the tunnel
39.—(1) The undertaker may, whenever in its opinion it is necessary to do so, close the tunnel, whether wholly or partially.
(2) Where the undertaker proposes to close the tunnel it must, except in an emergency, and subject to any tunnel closure management plan produced in accordance with paragraph 4 (outline environmental management plan) of Schedule 2 (requirements)—
(a)give not less than 7 days’ notice in such manner as the undertaker considers appropriate; and
(b)throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnel area giving warning of the closure.
(3) In this article “emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to—
(a)persons or property, including the tunnel or any person in or using the tunnel; or
(b)the environment.
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