Paragraph 108 I1
England and Wales
The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses agreed in advance with the undertaker and reasonably incurred by Network Rail—
in constructing any part of a specified work on behalf of the undertaker under paragraph 104(3) or in constructing any protective works under paragraph 104(4) including in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;
in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work;
in respect of the employment or procurement of the services of any inspectors, signallers, guards and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;
in respect of any special traffic working resulting from any speed restrictions which may in the reasonable opinion of the engineer, need to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work from the substitution or diversion of services which may be reasonably necessary for the same reason; and
in respect of any additional temporary lighting of railway property in the vicinity of the specified works or protective works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or protective works.
Annotations
Commencement
- I1
Sch. 10 para. 108 in force at 28.7.2025, see art. 1