{
  "url": "https://openlegislation.uk/telford-railfreight-terminal-donnington-order-2005/schedule-8/paragraph-9",
  "json_url": "https://openlegislation.uk/telford-railfreight-terminal-donnington-order-2005/schedule-8/paragraph-9.json",
  "legislation": "uksi/2005/1163",
  "legislation_title": "The Telford Railfreight Terminal (Donnington) Order 2005",
  "legislation_url": "https://openlegislation.uk/telford-railfreight-terminal-donnington-order-2005",
  "path": "schedule/8/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": null,
  "text": "(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works as are referred to in paragraph 5(2), 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 an undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any undertaker, the Council shall—\n(a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply, and\n(b) indemnify the undertaker against all claims, demands, proceedings, costs, damages or expenses which may be made against or recovered from or incurred by it,\nby reason or in consequence of any such damage or interruption.\n(2) Nothing in sub-paragraph (1) shall impose any liability on the Council with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.\n(3) An undertaker shall give the Council reasonable notice of any such claim or demand and no settlement or compromise shall be made without the consent of the Council which, if it withholds such consent, shall have the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2017/1011",
      "affecting_title": "The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2017/1011",
      "affecting_title": "The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/1163/schedule/8/paragraph/9",
    "retrieved_at": "2026-10-29T04:59:18.380912+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."
}