# The Outer Dowsing Offshore Wind Farm Order 2026, Paragraph 55


(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the relevant drainage authority in respect of all costs and losses, liabilities proceedings, damages, expenses, claims and demands not otherwise provided for in this Schedule which may be made or taken against, recovered from or incurred by the relevant drainage authority by reason of, or arising out of—
(a) any damage to any drainage work so as to impair its efficiency for the purposes of flood defence;
(b) any raising or lowering of the water table in land adjoining the authorised development or any sewers, drains and watercourse; or
(c) any flooding or increased flooding of any such land,
that is caused by the construction, operation or maintenance of any specified works, the protective work or the failure of any such works comprised within them or by any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction, operation or maintenance of the specified works and protective works or dealing with any failure of the specified works and protective work.
(2) The relevant drainage authority must give to the undertaker reasonable notice of any such claim or demand, and must not settle or compromise a claim without the agreement of the undertaker and that agreement must not be unreasonably withheld or delayed.
(3) The relevant drainage authority must take such steps as are reasonably practicable to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss to which the indemnity under sub-paragraph (1) applies.
(4) The fact that any work or thing may have been done by the undertaker in accordance with a plan approved or deemed approved by the relevant drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from liability under this Part of this Schedule.
(5) Nothing in this paragraph imposes any liability on the undertaker with respect to any costs, charges, expenses, damages, claims, demands or losses to the extent that they are attributable to the neglect or default of the relevant drainage authority, its officers, servants, contractors or agents.

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Source: https://www.legislation.gov.uk/uksi/2026/138/schedule/18/paragraph/55 (the official version)
Page: https://openlegislation.uk/outer-dowsing-offshore-wind-farm-order-2026/schedule-18/paragraph-55
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.