Paragraph 9 F1

England and Wales

(1)

Subject to sub-paragraph (2) below, a competent authority may recover the amount of any expenses reasonably incurred by the authority in, or in connection with, the carrying out of the work—

(a)

in a case falling within paragraph 3(1) above, from the occupier of the relevant land or the person who disturbed the surface of the highway; and

(b)

in any other case, from the occupier of the relevant land.

(2)

A person—

(a)

is not liable under paragraph (a) of sub-paragraph (1) above if he shows that he had any lawful authority or excuse for disturbing the surface of the highway; and

(b)

is not liable under that paragraph as an occupier of land if he shows that the surface of the highway was not disturbed by him or with his consent.

Annotations

Textual amendments

F1: Sch. 12A inserted by Rights of Way Act 1990 (c. 24, SIF 59), s. 4