Paragraph 9 I1
England, Wales and Scotland
Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 5(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, the Council must—
bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and
make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,
by reason or in consequence of any such damage or interruption.
Nothing in sub-paragraph (1) imposes any liability on the Council with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.
An undertaker must give the Council reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the Council, which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Annotations
Commencement
- I1
Sch. 9 para. 9 in force at 21.8.2013, see art. 1