3  Authority Attachments2

3.1  The Service Provider shall be responsible for all Existing Attachments and any Attachments included as part of the Service pursuant to Schedule 15 (Accrual and De-Accrual of Apparatus)and/or the Change Protocol.

3.2  Any instruction of the Authority requiring the Service Provider to install additional Authority Attachments shall be deemed to be a Catalogue Change and shall be priced in accordance with the Catalogue of Small Works and Services.

3.3  To the extent that the Service Provider attaches any Authority Attachments the Service Provider shall, (in accordance with clause 18 (Necessary Consents)) use its reasonable endeavours to obtain all Necessary Consents in relation to such Authority Attachments.  The Authority shall be responsible for obtaining all Necessary Consents in relation to Authority Attachments attached by the Authority.

3.4  Either the Authority (in the case of Authority Attachments attached by the Authority) or the Service Provider (in the case of Authority Attachments attached by the Service Provider) shall ensure that all Authority Attachments:

(a)  comply with all relevant Legislation;

(b)  comply with any restrictions in the lighting column manufacturers' recommendations regarding the:

(i)  method of fixing;

(ii)  maximum size, weight and height of any fixtures to a Lighting Column;

(iii)  manufacturers' maintenance requirements; and

(iv)  loading or force placed upon a Lighting Column at any time;

(c)  are attached and removed in accordance with Good Industry Practice; and

(d)  except in the case of Advertising, Hanging Baskets, Festive Lighting, Authority Advertising and Banners, the Authority Attachments do not exceed the restrictions set out in [paragraph 5.15] of the Output Specification.

3.5  The Authority shall ensure that all Authority Attachments attached by the Authority are maintained in accordance with Good Industry Practice and all relevant Legislation.  Subject to Schedule 16 (Change Protocol), the Service Provider is not responsible for Authority Attachments attached by the Authority and shall not suffer any Adjustments of the Unitary Charge if such Authority Attachments are not maintained in accordance with this paragraph 3.5.

3.6  The Service Provider shall ensure that all Existing Attachments and all other Authority Attachments attached by the Service Provider are maintained in accordance with [PS2 and PS3] of the Output Specification.

3.7  Except as specifically stated otherwise in this Contract, the Service Provider shall be responsible for procuring and paying for the provision of electricity to any Authority Attachment.

3.8  Within ten (10) Business Days (or earlier if practicable) of the Authority attaching an Authority Attachment and/or carrying out any works to an Authority Attachment, the Authority shall notify the Service Provider that such attachment or works has been carried out.

3.9  Within thirty (30) Business Days after:

(a)  notification by the Authority pursuant to paragraph 3.8; or

(b)  becoming aware of the failure of an Authority Attachment to meet the requirements set out in paragraph 3.3 and/or paragraph 3.4 and/or paragraph 3.5,

the Service Provider may, if the Service Provider believes the Authority Attachment does not comply with the requirements of paragraph 3.3 and/or paragraph 3.4 and/or paragraph 3.5 serve written notice on the Authority to that effect, giving details of the alleged failure.  

3.10  If the Authority does not rectify the failures or remove such Authority Attachment within ten (10) Business Days following the date of agreement or determination that the Authority Attachment does not comply with the requirements of paragraph 3.3 and/or paragraph 3.4 and/or paragraph 3.5, the Service Provider shall thereafter have the right to remove such Authority Attachment and return it to the Service Provider's depot.  The Authority shall pay the Service Provider for the cost of such removal in accordance with the rates set out in the Catalogue of Low Value Changes or Catalogue.  

3.11  Where the Authority or any Authority Party attaches an Authority Attachment and/or carries out any works which cause damage to the Apparatus, the Service Provider may serve notice on the Authority giving notice of the damage caused to the Apparatus.

3.12  Within ten (10) Business Days upon receipt of a notice served pursuant to paragraph 3.11 the Authority shall either:

(a)  carry out remedial works to the Apparatus so that all damage is rectified to at least the standard of the affected Apparatus prior to such damage being caused within a time period to be agreed with the Service Provider; or

(b)  dispute that the Authority or any Authority Party caused such damage in which case the matter shall be referred to the Dispute Resolution Procedure.

3.13  Provided the Authority does not dispute the notice served pursuant to paragraph 3.11, if the Authority has not carried out remedial works to the standard or within the period agreed pursuant to paragraph 3.12 the Service Provider may carry out such rectification work itself and the Authority shall pay to the Service Provider any reasonable costs incurred by the Service Provider in carrying out such rectification work.

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2 This procedure should be checked on a project specific basis to ensure that the process and timings are comparable with the Review Procedure set out in Schedule 7.