20.5  Issue of Acceptance Certificate or Notice of Non Completion

20.5.1  Within five (5) Business Days of any inspection referred to in clause 20.2 (Inspection of a Station) [to determine whether Services Availability or completion of the Post Completion Works (as the case may be) has been achieved in relation to a Station] the Independent Certifier shall either:

(a)  issue an Acceptance Certificate confirming that he is satisfied that the Services Availability Requirements have been met in respect of the relevant Station; or

(b)  [issue a Post Completion Works Acceptance Certificate confirming that he is satisfied that the relevant Post Completion Works Acceptance Requirements have been met in respect of the relevant Station; or]

(c)  issue a notice stating that the Acceptance Certificate [or the Post Completion Works Acceptance Certificate (as the case may be)] has not been issued and specifying any outstanding matters that must be attended to before an Acceptance Certificate [or a Post Completion Works Acceptance Certificate (as the case may be)] can be issued in respect of the relevant Station (a "Notice of Non Completion");

provided that if the Services Availability Requirements have been met, the Independent Certifier shall issue an Acceptance Certificate in respect of a Station notwithstanding that there are Snagging Items in respect of the Station.

20.5.2  The parties shall procure that where the Independent Certifier reasonably considers that in relation to a Station the Services Availability Requirements for that Station or the relevant Post Completion Works Acceptance Requirements (as the case may be) have not been met it shall immediately following its inspection pursuant to clause 20.2 issue to the Authority and the Contractor a notice (a "Notice of Non Completion") detailing all outstanding matters which are required to be attended to before the relevant Station can be considered to have met the Services Availability Requirements for that Station or the relevant Post Completion Works can be considered to have met the relevant Post Completion Works Acceptance Requirements (as the case may be).  Following receipt of a Notice of Non Completion the Contractor shall attend to such matters and shall give the Authority and the Independent Certifier further notice in accordance with clause 20.2 (but dealing only with matters raised in the Notice of Non Completion and with a notice period of no less than 24 hours for the purposes of clause 20.2) so that the procedures in clause 20.5.1 are repeated as often as necessary to ensure that all outstanding matters in relation to the relevant Station are attended to and an Acceptance Certificate [or a Post Completion Works Acceptance Certificate] (as the case may be)] can be issued in accordance with clause 20.5.1(a).