# The Oaklands Farm Solar Park Order 2025, Paragraph 61: Damage to apparatus: costs, losses, etc.

Extent: E+W

(1) Subject to sub-paragraphs ‎(2) and ‎(3), if by reason or in consequence of the construction of any of the authorised development any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of SSW or there is any interruption in any service provided or in the supply of any goods, by SSW the undertaker must—
(a) bear and pay the costs reasonably incurred by SSW in making good such damage or restoring the supply; and
(b) make reasonable compensation to SSW for any other expenses, loss, damages, penalty or costs incurred by SSW, by reason or in consequence of any such damage or interruption.
(2) Nothing in sub-paragraph ‎(1) 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 SSW, its officers, servants, contractors or agents.
(3) SSW must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker (such consent not to be unreasonably withheld or delayed) and in the event of any dispute to be settled by arbitration in accordance with article 38 (arbitration).
(4) Only costs, charges and expenses actually incurred by SSW may be sought under sub-paragraph (1). The undertaker shall be under no obligation to pay to SSW any anticipated charges, costs and expenses.

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Source: https://www.legislation.gov.uk/uksi/2025/739/schedule/10/paragraph/61 (the official version)
Page: https://openlegislation.uk/oaklands-farm-solar-park-order-2025/schedule-10/paragraph-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

