{
  "url": "https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-327",
  "json_url": "https://openlegislation.uk/net-zero-teesside-order-2024/schedule-12/paragraph-327.json",
  "legislation": "uksi/2024/174",
  "legislation_title": "The Net Zero Teesside Order 2024",
  "legislation_url": "https://openlegislation.uk/net-zero-teesside-order-2024",
  "path": "schedule/12/paragraph/327",
  "kind": "paragraph",
  "number": "327",
  "heading": "Costs",
  "text": "(1) The undertaker must repay to HPU all reasonable fees, costs, charges and expenses reasonably incurred by HPU in relation to these protective provisions in respect of—\n(a) authorisation of survey details submitted by the undertaker under paragraph 307(3), authorisation of works details submitted by the undertaker under paragraph 308 and the imposition of conditions under paragraph 310;\n(b) the engagement of an engineer and their observation of the authorised works affecting the pipelines and the provision of safety advice under paragraph 312;\n(c) responding to the consultation on piling under paragraph 314;\n(d) considering the effectiveness of any compacting which has taken place under paragraph 316, including considering and evaluating compacting testing results and the details of further compaction works under that paragraph;\n(e) the repair and testing of a pipeline or protected crossing under paragraph 318;\n(f) considering and responding to consultation in relation to the construction access plan under paragraph 321 and providing details of their programme for major works to the undertaker under paragraph 322; and\n(g) considering the adequacy of the terms and level of cover of any insurance policy proposed or put in place by the undertaker under paragraph 324,\nincluding the reasonable costs incurred by HPU in engaging and retaining such external experts, consultants and contractors as may be reasonably necessary to allow HPU to carry out its functions under these protective provisions.\n(2) Subject to sub-paragraphs (3) and (4), if by reason or in consequence of the construction of any of the works referred to in paragraph 306, any damage is caused to the affected assets of HPU, or there is any interruption in any service provided, or in the supply of any goods, by HPU, the undertaker must—\n(a) bear and pay the cost reasonably incurred by HPU in making good such damage or restoring the supply; and\n(b) make reasonable compensation to HPU for any other expenses, loss, damages, penalty or costs incurred by HPU, by reason or in consequence of any such damage or interruption.\n(3) Nothing in sub-paragraphs (1) or (2) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of HPU, its officers, employees, servants, contractors or agents.\n(4) HPU must give the undertaker reasonable notice of any claim or demand under sub-paragraph (2) and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.\n(5) HPU must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part.\n(6) In the assessment of any sums payable to HPU under this Part there must not be taken into account any increase in the sums claimed that is attributable to any action taken by, or any agreement entered into by, HPU if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part or increasing the sums so payable.\n(7) HPU must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies. If requested to do so by the undertaker, HPU must provide an explanation of how the claim has been minimised or details to substantiate any cost or compensation claimed pursuant to sub-paragraph (2). The undertaker shall only be liable under this paragraph for claims reasonably incurred by HPU.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 12 para. 327 in force at 11.3.2024, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/174/schedule/12/paragraph/327",
    "retrieved_at": "2026-10-28T21:34:40.750770+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."
}