# The Dean Moor Solar Farm Order 2026, Paragraph 23


(1) Without limiting the other provisions of this Part, the undertaker must make reasonable compensation to the drainage authority in respect of all claims, demands, proceedings, costs, damages, expenses or loss that may be made or taken against, recovered from or incurred by, the drainage authority by reason of—
(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence; or
(b) any flooding or increased flooding of any such land,
that is caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.
(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker (such agreement not to be unreasonably withheld or delayed).
(3) The drainage authority must use its reasonable endeavours to mitigate in whole or in part and to minimise any claims, demands, proceedings, costs, damages, expenses or loss to which this paragraph applies.
(4) If requested to do so by the undertaker, the drainage authority must provide an explanation of how the claim has been minimised.
(5) The undertaker is only liable under this paragraph for claims reasonably incurred by the drainage authority.
(6) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of the drainage authority or the breach of a statutory duty of the drainage authority, its officers, servants, contractors or agents.

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Source: https://www.legislation.gov.uk/uksi/2026/754/schedule/13/paragraph/23 (the official version)
Page: https://openlegislation.uk/dean-moor-solar-farm-order-2026/schedule-13/paragraph-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.