17.1  New Roads and Street Works Act

The parties acknowledge and agree that for the purposes of this Contract:

(a)  all works undertaken by the Service Provider in connection with the carrying out of the Service shall be Works for Road Purposes (as that term is defined in Section 86(2) of NRSWA);

(b)  to the extent that the provisions of NRSWA are relevant to the carrying out of the Service, the Service Provider shall itself, and shall procure that each Sub-Contractor shall, comply with:

(i)  the provisions of NRSWA; and

(ii)  all obligations placed on the Authority pursuant to NRSWA in connection with Works for Road Purposes under (inter alia) Section 83 of NRSWA;

(c)  the Service Provider shall not undertake Major Highways Works (as that term is defined in Section 86(3) of NRSWA) without the prior written consent of the Authority (such consent not to be unreasonably withheld or delayed);

(d)  notwithstanding the provisions of clause 38 (Service Provider Records), the Service Provider shall keep records of the Apparatus as required by the Authority (or such other person nominated by the Authority) pursuant to NRSWA and shall consult all undertakers' records held pursuant to Section 79 of NRSWA prior to commencing any works in connection with the Service; and

(e)  notwithstanding the other provisions of this clause 17.1 and the obligations set out in NRSWA, paragraph [19.3] of the Output Specification shall apply to the giving of notices in relation to works carried out in connection with the Service.15

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15  On a project specific basis this needs to be carefully reviewed and in particular the Authority's Highway's Department must be satisfied that any notice regime imposed outside NRSWA is workable.