Paragraph 120 I1

(1)

Any activities to be carried out by virtue of paragraph 119 must, when commenced, be carried out—

(a)

with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled under paragraph 119;

(b)

under the supervision (where appropriate and if given) and to the reasonable satisfaction of the Trust;

(c)

in such manner as to cause as little damage as is possible to the Trust’s property; and

(d)

so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe access to Trust property.

(2)

If any damage to Trust property or any such interference or obstruction is caused by the carrying out of, or in consequence of the entry on to Trust property, the undertaker must, notwithstanding any such approval, make good such damage and must pay to the Trust all reasonable expenses to which the Trust may be put by reason of any such damage, interference or obstruction.

(3)

Nothing in this Part of this Schedule imposes—

(a)

any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the Trust or its servants, contractors or agents; or

(b)

any liability on the Trust with respect to any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

Annotations

Commencement

I1: Sch. 16 para. 120 in force at 5.12.2022, see art. 1