SCHEDULE 4 continued PART 3 continued
The new or altered highway must be maintained by and at the expense of
the nominated undertaker for a period of 12 months from—
(a) the date of practical completion, or
(b) if later, the date on which it is first open for public use;
and after the end of that period must be maintained by and at the expense of
the highway authority.
(3) Sub-paragraph (2) is subject to—
any agreement between the nominated undertaker and the highway
authority as to alternative arrangements relating to the maintenance
of the highway, and
sub-paragraph (4), in respect of a period for which the nominated
undertaker is under a duty to maintain the highway.
Unless otherwise agreed between the highway authority and the nominated
undertaker, the highway authority must ensure, so far as reasonably
practicable, that safe passage along the new or altered highway is not
endangered by snow or ice.
Where the highway authority is satisfied that a highway mentioned in sub-
paragraph (2) is practically complete or is open for public use, it must, at the
request of the nominated undertaker, certify to it in writing the date of
practical completion of the highway or, as the case may be, the date on which
it was first open for public use.
If the highway authority refuses a request to issue a certificate under sub-
paragraph (5), or if the nominated undertaker disputes the date given in a
certificate under that sub-paragraph, the matter must be referred to
arbitration if the parties so agree, but must otherwise be determined by the
Secretary of State.
For the purposes of sub-paragraph (2), the date of practical completion of a
highway, or the date on which it is first open for public use, is to be taken to
where the date has been determined under sub-paragraph (6), the
date so determined, and
(b) where it has not, the date certified under sub-paragraph (5).
Sub-paragraph (2) does not have effect to impose any obligation in relation
the structure of any bridge carrying a highway over any railway of
the nominated undertaker, or