{
  "url": "https://openlegislation.uk/springwell-solar-farm-order-2026/schedule-15/paragraph-123",
  "json_url": "https://openlegislation.uk/springwell-solar-farm-order-2026/schedule-15/paragraph-123.json",
  "legislation": "uksi/2026/419",
  "legislation_title": "The Springwell Solar Farm Order 2026",
  "legislation_url": "https://openlegislation.uk/springwell-solar-farm-order-2026",
  "path": "schedule/15/paragraph/123",
  "kind": "paragraph",
  "number": "123",
  "heading": "Expenses",
  "text": "(1) Subject to the following provisions of this paragraph, the undertaker must pay to Exolum the reasonable and properly incurred costs and expenses (including reasonable staffing costs if work is carried out in-house) incurred by Exolum in, or in connection with—\n(a) the negotiation of the provisions of this Schedule;\n(b) undertaking its obligations under this Schedule including—\n(i) the installation, inspection, removal, alteration, testing or protection of any Apparatus, Alternative Apparatus and Protective Works;\n(ii) the execution of any other works under this Schedule; and\n(iii) the review and assessment of Plans;\n(c) the watching of and inspecting the execution of the Authorised Development, any Restricted Works and any works undertaken by third parties as a result of Authorised Development (including the assessment of Plans); and\n(d) imposing reasonable requirements for the protection or alteration of Apparatus affected by the Authorised Development or works as a consequence of the Authorised Development in accordance with paragraph 121(3);\ntogether with any administrative costs properly and reasonably incurred by Exolum, provided that none of the above shall make the undertaker liable for costs in relation to any work which Exolum would be expected to undertake as part of its standard business operations.\n(2) There will be no deduction from any sum payable under paragraph (1) as a result of—\n(a) the placing of apparatus of a better type, greater capacity or of greater dimensions, or at a greater depth than the existing Apparatus, to the extent Exolum has acted reasonably in procuring such apparatus;\n(b) the placing of apparatus in substitution of the existing Apparatus that may defer the time for renewal of the existing Apparatus in the ordinary course; or\n(c) the scrap value (if any) of any Apparatus removed.\n(3) Upon the submission of proper and reasonable estimates of costs and expenses to be incurred by Exolum, the undertaker shall pay Exolum sufficiently in advance to enable Exolum to undertake its obligations under this Schedule in a manner that is neutral to its cash flow provided that in the event that the costs incurred by Exolum are less than the amount paid by the undertaker pursuant to this paragraph (3) then Exolum must within 35 days of payment being made by Exolum for the costs anticipated in the costs and expenses estimates, repay any overpayment to the undertaker.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 15 para. 123(1) substituted (23.9.2026) by The Springwell Solar Farm (Correction) Order 2026 (S.I. 2026/1052), art. 1(2), Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 15 para. 123 in force at 30.4.2026, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/419/schedule/15/paragraph/123",
    "retrieved_at": "2026-10-28T21:02:38.918571+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."
}