{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-1/paragraph-12",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-1/paragraph-12.json",
  "legislation": "uksi/2014/2384",
  "legislation_title": "The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014",
  "legislation_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014",
  "path": "schedule/16/part/1/chapter/1/paragraph/12",
  "kind": "paragraph",
  "number": "12",
  "heading": "Expenses",
  "text": "(1) Subject to the following provisions of this paragraph, the promoter shall repay to an undertaker on demand all charges, costs and expenses reasonably incurred by that undertaker in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Schedule including without limitation—\n(a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that the undertaker elects to use CPO powers to acquire any necessary rights under 7(3) all costs incurred as a result of such action;\n(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;\n(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;\n(d) the approval of plans;\n(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;\n(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.\n(2) There shall be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.\n(3) If in accordance with the provisions of this part of this Schedule—\n(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or\n(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,\nand the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the promoter or in default of agreement settled by arbitration in accordance with article 63 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1) shall be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs shall be borne by the promoter.\n(4) For the purposes of sub-paragraph (3)—\n(a) an extension of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and\n(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined.\n(5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.\n(6) In any case where work is carried out by the promoter pursuant to paragraph 7(6) and, if such work had been carried out by the undertaker, the repayment made to undertaker under paragraph 12 would fall to be reduced pursuant to paragraphs 12(1) to 12(4), the undertaker shall pay to the promoter such sum as represents the amount of that reduction\n(7) The undertaker shall from time to time submit to the promoter estimates of the reasonable expenses it reasonably expects to incur in relation to the items set out at paragraph 12(1), for agreement by the promoter.\n(8) The promoter and the undertaker will use all reasonable endeavours to agree the amount of any estimates submitted by the undertaker under sub-paragraph (7) within 21 days following receipt of such estimates by the promoter. The promoter shall confirm its agreement to the amount of such estimates in writing and shall not unreasonably withhold or delay such agreement. If the promoter and the undertaker are unable to agree the amount of an estimate, it shall be dealt with in accordance with paragraph 18.\n(9) Work in relation to which an estimate is submitted under sub-paragraph (7) shall not be commenced until the estimate is agreed under sub-paragraph (8) (unless this requirement is waived by the promoter in writing) and a purchase order number up to the value of the approved estimate has been issued by the promoter to the undertaker. The promoter shall issue the purchase order number within 21days of the estimate being agreed under sub-paragraph (8).\n(10) In the event that the undertaker requires funds to be provided by the promoter in advance of carrying out any works to relocate apparatus in accordance with paragraph 7, the undertaker shall be entitled to submit an invoice to the promoter for the anticipated costs and expenses and the provisions of sub-paragraph (12) shall apply. If the actual costs and expenses incurred by the undertaker in connection with such works are less than the anticipated costs and expenses paid to it by the promoter, then the undertaker shall pay to the promoter such sum as represents the amount of the difference between the anticipated costs and expenses paid by the promoter and the actual costs and expenses incurred by the undertaker.\n(11) If the undertaker at any time becomes aware that an estimate agreed under sub-paragraph (8) has been or is likely to be exceeded, it shall forthwith notify the promoter and shall submit a revised estimate of the relevant costs and expenses to the promoter for agreement. The provisions of sub-paragraphs (8) to (10) (mutatis mutandis) shall apply to such revised estimate, except that the period referred to in sub-paragraph (8) shall be reduced to 7 days.\n(12) The undertaker may from time to time, and at least twice a year (and in any event within 12 months of the costs and expenses being incurred) will, issue to the promoter invoices for costs and expenses incurred or, in the case of the costs referred to in sub-paragraph (10), anticipated to be incurred up to the date of the relevant invoice, up to the amount of the relevant estimate agreed under sub-paragraph (8) or (as the case may be) the revised estimate agreed under sub-paragraph (11). Invoices issued to the promoter for payment shall:\n(a) specify the approved purchase order number;\n(b) be supported by timesheets and or narratives that demonstrate that the work invoiced has been completed in accordance with the agreed estimate; and\n(c) be paid within 28 days of their being received by the promoter’s accounts department.\n(13) The promoter shall not be responsible for meeting costs or expenses in excess of an estimate agreed under sub-paragraph (8) (and the undertaker shall not be obliged to incur any costs or expenses in excess of such agreed estimate) unless and until (and then only to the extent that) the promoter has agreed a revised estimate pursuant to sub-paragraph (11).\n(14) Any amount properly due to the undertaker under this Schedule which is not paid by the date specified in sub-paragraph (12) thereafter carry interest at the rate of 2% above the Bank of England base rate from time to time for the period from such date up to and including the date on which payment (including accrued interest) is made.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 1 Section 1 para. 12 in force at 24.9.2014, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2384/schedule/16/part/1/chapter/1/paragraph/12",
    "retrieved_at": "2026-10-29T00:03:40.087761+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."
}