Office of Public Sector Information

SCHEDULE 10 Code of construction practice

(introduced by section 46)

1 Before commencing construction of the authorised works located in the area of a local planning authority the authorised undertaker shall secure that there is submitted to that local planning authority for its written approval—

(a) the code of construction practice; and

(b) one or more draft local construction codes relating to so much of the authorised works as is situated in the area of the local planning authority concerned.

2 The local planning authority shall send a copy of every code submitted pursuant to paragraph 1, and any amendment or replacement proposed by the authorised undertaker pursuant to paragraph 3, to SNH and SEPA and shall take account of any representations made to the local planning authority by either of those bodies.

3 The authorised undertaker may with the approval of the local planning authority (and shall if so required by the local planning authority) amend or replace the code of construction practice or any local construction code.

4 The provisions of the code of construction practice and any local construction code, as from time to time amended or replaced shall have effect as conditions to which section 48 applies.

SCHEDULE 11 Works affecting the River Tweed Special Area of Conservation

(introduced by section 47)

Part 1 Works requiring special measures

1 This Part of this schedule applies to the sites specified in the table.

2 The authorised undertaker shall not undertake any works for the protection of river banks at sites ID8, ID9, ID11, ID22, ID24, ID27, ID28, ID29, or ID37.

3 The location of any work for the protection of river banks to be undertaken by the authorised undertaker at sites ID4, ID18, ID35, ID36, ID38, ID41, ID42 and ID43 shall be approved by SNH.

4 Before commencing the construction of any works, or carrying out any operations, at any of the sites to which this schedule applies, the authorised undertaker shall consult SNH regarding—

(a) detailed engineering design;

(b) construction methods;

(c) pollution control;

(d) timing of works and operations;

(e) conservation of specific habitats or of habitats of specific species,

and shall implement such detailed mitigation measures regarding such matters as SNH may require.

5 The authorised undertaker shall secure that the code of construction practice is amended from time to time as appropriate so as to procure the carrying out of measures required pursuant to paragraph 4.

6 Where and to the extent that any measure required by paragraph 4 cannot be dealt with in the code of construction practice (as from time to time amended or replaced), it shall be specified in an agreement to which the local planning authority and the authorised undertaker are party.

7 Any provision amending the code of construction practice pursuant to paragraph 5, and the provisions of any agreement entered into pursuant to paragraph 6, shall have effect as a condition to which section 48 applies.