InterpretationE+W+S
223.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with subparagraph (2) the latter prevail.
(2) In this Part of this Schedule—
“acceptable security” means either:
a parent company guarantee from a parent company in favour of National Highways to cover the undertaker’s liability to National Highways to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Highways and where required by National Highways, accompanied with a legal opinion confirming the due capacity and authorisation of the parent company to enter into and be bound by the terms of such guarantee); or
a bank bond or letter of credit from an acceptable credit provider in favour of National Highways to cover the undertaker’s liability to National Highways for an amount of not less than £10,000,000.00 (ten million pounds) per asset per event up to a total liability cap of £50,000,000.00 (fifty million pounds) (in a form reasonably satisfactory to National Highways);
“as built information” means one electronic copy of the following information—
as constructed drawings in both PDF and AutoCAD DWG formats showing the location and depth of the pipeline as installed and any ancillary or protective measures installed within the strategic road network;
as constructed information for any utilities discovered or moved during the specified works;
method statements for the specified works carried out;
in so far as it is relevant to the specified works, the health and safety file; and
such other information as is reasonably required by National Highways to be used to update all relevant databases and to ensure compliance with National Highway’s Asset Data Management Manual as is in operation at the relevant time.
“condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that may be affected by the specified works;
“contractor” means any contractor or subcontractor appointed by the undertaker to carry out the specified works;
“detailed design information” means such of the following drawings specifications and calculations as are relevant to the specified works—
site clearance details;
boundary, environmental and mitigation fencing;
earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification;
utilities diversions; and
other such information that may be reasonably required by National Highways to be used to inform the detailed design of the specified works;
“DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;
“the health and safety file” means the file or other permanent record containing the relevant health and safety information for the specified works required by the Construction Design and Management Regulations 2015 (or such updated or revised regulations as may come into force from time to time);
“nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the specified works as notified to National Highways from time to time;
“parent company” means a parent company of the undertaker acceptable to National Highways acting reasonably;
“programme of works” means a document setting out the sequence and timetabling of the specified works;
“specified works” means so much of the authorised development, including any maintenance of that work, as is on, in, under or over the strategic road network for which National Highways is the highway authority, and specifically including Work No.12 in so far as that crosses the M56 motorway, Work No.16 in so far as that crosses the M53 motorway, and Work No. 22 in so far as that crosses the A41 highway.
“strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority including drainage infrastructure, street furniture, verges and vegetation and all other land, apparatus and rights located in, on, over or under the highway;
“utilities” means any pipes wires cables or equipment belonging to any person or body having power or consent to undertake street works under the New Roads and Street Works Act 1991; and
(3) References to any standards, manuals, contracts, Regulations and Directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.
Commencement Information
I1Sch. 10 para. 223 in force at 11.4.2024, see art. 1(2)