Paragraph 207 ExpensesI1

England and Wales

(1)

Subject to the following provisions of this paragraph 207, the undertaker must pay to Exolum the reasonable and properly incurred costs and expenses (including reasonable staffing costs if work is carried out in-house) incurred by Exolum in, or in connection with—

(a)

undertaking its obligations under this Part of this Schedule including—

(i)

the installation, inspection, removal, alteration, testing or protection of any apparatus, alternative apparatus and protective works;

(ii)

the execution of any other works under this Part of this Schedule; and

(iii)

the review and assessment of plans;

(b)

the watching of and inspecting the execution of the authorised development, any restrictive works and any works undertaken by third parties as a result of authorised development (including the assessment of plans); and

(c)

imposing reasonable requirements for the protection or alteration of apparatus affected by the authorised development or works as a consequence of the authorised development in accordance with paragraph 205(3),

together with any administrative costs properly and reasonably incurred by Exolum.

(2)

There will be no deduction from any sum payable under sub-paragraph (1) as a result of—

(i)

the placing of apparatus of a better type, greater capacity or of greater dimensions, or at a greater depth than the existing apparatus, to the extent Exolum has acted reasonably in procuring such apparatus;

(ii)

the placing of apparatus in substitution of the existing apparatus that may defer the time for renewal of the existing apparatus in the ordinary course; or

(iii)

the scrap value (if any) of any apparatus removed.

(3)

Upon the submission of proper and reasonable estimates of costs and expenses to be incurred by Exolum, the undertaker must pay Exolum sufficiently in advance to enable Exolum to undertake its obligations under this Part of this Schedule in a manner that is neutral to its cash flow provided that in the event that the costs incurred by Exolum are less than the amount paid by the undertaker pursuant to this sub-paragraph (3) then Exolum must within 35 days of payment being made by Exolum for the costs anticipated in the costs and expenses estimates, repay any overpayment to the undertaker.

Annotations

Commencement

I1: Sch. 15 para. 207 in force at 27.9.2024, see art. 1