{
  "url": "https://openlegislation.uk/east-midlands-gateway-rail-freight-interchange-and-highway-order-2016/schedule-19/paragraph-5",
  "json_url": "https://openlegislation.uk/east-midlands-gateway-rail-freight-interchange-and-highway-order-2016/schedule-19/paragraph-5.json",
  "legislation": "uksi/2016/17",
  "legislation_title": "The East Midlands Gateway Rail Freight Interchange and Highway Order 2016",
  "legislation_url": "https://openlegislation.uk/east-midlands-gateway-rail-freight-interchange-and-highway-order-2016",
  "path": "schedule/19/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Payments",
  "text": "(1) The undertaker must fund the whole of the highway works costs and all costs incidental to the highway works and must also pay to Highways England in respect of each phase of the highway works a sum equal to the whole of any costs and expenses which Highways England incur, (the estimated costs), including costs and expenses for using external staff and resources as well as costs and expenses of using in house staff and resources in relation to the highway works and arising out of it and its implementation including without limitation on the scope—\n(a) the checking and approval of all design work carried out by or on behalf of the undertaker for that phase;\n(b) costs in relation to agreeing the programme of works for that phase;\n(c) the carrying out of supervision of that phase of the highway works;\n(d) all legal and administrative costs in relation to paragraphs (a) and (b); and\n(e) all costs in relation to the transfer of any land required for the highway works.\n(2) The sums referred to in subparagraph (1) do not include any sums payable from the undertaker to the contractor but do include any value added tax which is payable by Highways England in respect of such costs and expenses and for which it cannot obtain reinstatement from HM Revenue and Customs.\n(3) The undertaker must pay to Highways England upon demand the total costs properly and reasonably incurred by Highways England in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the highways works and whether or not such procedure or order is or are experimental, temporary or permanent provided that this paragraph does not apply to the making of any orders which duplicate orders contained in this Order.\n(4) The undertaker and Highways England must agree a schedule of the estimated costs to be incurred under sub-paragraph (1) in respect of each phase prior to the commencement of that phase.\n(5) The undertaker must make the payments referred to in sub-paragraph (1) as follows—\n(a) the undertaker must pay a sum equal to the agreed estimated costs in respect of a phase prior to commencing that phase; and\n(b) if at any time or times after the payment in respect of a phase referred to in paragraph (5)(a) has become payable the Highways England estimates that the costs in respect of that phase referred to in sub-paragraph (1) will exceed the estimated costs for that phase it may give notice to the undertaker of the amount by which it then estimates those costs will exceed the estimated costs (“the excess”) and the undertaker must pay to Highways England within 28 days of the date of that notice a sum equal to the excess.\n(6) If Highways England have received the as built information within 91 days of the issue of the final certificate for each phase of the highway works under paragraph 7, Highways England must give the undertaker a final account of the costs referred to in sub-paragraph (1) and within 28 days from the expiry of the 91 day period—\n(i) if the account shows a further sum as due to Highways England the undertaker must pay to Highways England the sum shown due to it in that final account; and\n(ii) if the account shows that the payment or payments previously made have exceeded those costs Highways England must refund the difference to the undertaker.\n(7) If any payment due under any of the provisions of this Schedule is not made on or before the date on which it falls due the party from whom it was due must at the same time as making the payment pay to the other party interest at 1% above the rate payable in respect of compensation under section 32 (rate of interest after entry on land) of the Land Compensation Act 1961 for the period starting on the date upon which the payment fell due and ending with the date of payment of the sum on which interest is payable together with that interest.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 19 para. 5 in force at 2.2.2016, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1961 c. 33."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/17/schedule/19/paragraph/5",
    "retrieved_at": "2026-10-28T23:28:28.277601+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}