29.1  INTRODUCTION

29.1.1  In some circumstances, the Authority may wish to take action itself in relation to the Service if there is a need to prevent or mitigate a serious risk to health, safety (person or property) or the environment or to discharge a statutory duty. Such a right may arise due to matters outside the scope of the work of the Contractor or may arise due to the Contractor being in breach of certain of its obligations under the Contract.

29.1.2  Such a right of the Authority is often referred to as "step-in" (and this is the terminology used here for that reason), as it involves the Authority taking over some or all of the obligations of the Contractor for a period. It should, however, be viewed as being entirely different in nature and purpose from a step-in by Senior Lenders under a direct agreement (see Section 31 (Direct Agreement and Senior Lenders)) and separate from the Contractor Default provisions (see Section 21.2 (Termination on Contractor Default)). Essentially, the focus of the right is a serious short term problem that can or must be solved quickly, where the Authority is in a better position to do this than the Contractor. The Authority should not in any situation be obliged to step in.