{
  "url": "https://openlegislation.uk/m5-junction-10-development-consent-order-2025/schedule-9/paragraph-48",
  "json_url": "https://openlegislation.uk/m5-junction-10-development-consent-order-2025/schedule-9/paragraph-48.json",
  "legislation": "uksi/2025/795",
  "legislation_title": "The M5 Junction 10 Development Consent Order 2025",
  "legislation_url": "https://openlegislation.uk/m5-junction-10-development-consent-order-2025",
  "path": "schedule/9/paragraph/48",
  "kind": "paragraph",
  "number": "48",
  "heading": "Expenses and costs",
  "text": "(1) Subject to the following provisions of this paragraph, the undertaker must repay to the utility undertaker all expenses reasonably incurred by the utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 45(2) including time spent in consultation regarding or in supervision of such works and including all costs incurred by the utility undertaker in obtaining the necessary facilities and rights for the construction of alternative apparatus pursuant to paragraph 45(2) or 45(3) above (as appropriate).\n(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.\n(3) If in accordance with the provisions of this Part of this Schedule—\n(a) apparatus of better type, greater capacity or greater dimensions is placed in substitution for existing apparatus of worse type, smaller capacity or smaller dimensions; or\n(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,\nand the placing of apparatus of that type, capacity or dimensions, or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 46 (arbitration) to be necessary then, if such placing involves cost exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker by virtue of sub-paragraph (1) must be reduced by the amount of that excess.\n(4) For the purposes of sub-paragraph (3)—\n(a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and\n(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.\n(5) An amount which apart from this sub-paragraph would be payable to the utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 9 para. 48 in force at 25.6.2025, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/795/schedule/9/paragraph/48",
    "retrieved_at": "2026-10-28T21:13:57.234000+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."
}