{
  "url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-3/paragraph-5",
  "json_url": "https://openlegislation.uk/thames-water-utilities-limited-thames-tideway-tunnel-order-2014/schedule-16/part-1/chapter-3/paragraph-5.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/3/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Protective works to buildings",
  "text": "(1) The promoter, in the case of the powers conferred by articles 20 (protective work to buildings and structures) and 21 (remedial works to buildings, or apparatus or equipment), shall, so far as is reasonably practicable, so exercise those powers as not to obstruct or render less convenient the access to any apparatus and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of the undertaker or any interruption in the supply of electricity by the undertaker is caused, the promoter shall—\n(a) bear and pay the cost reasonably incurred by the undertaker in connection with the obstruction or reduction in convenience of the access to any apparatus and or making good such damage or restoring the supply; and\n(b) subject to sub-paragraphs (2) and (3), make reasonable compensation to the undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker (including but not limited to legal costs, adjustments to any regulatory incentives that may be due to the undertaker or payable by the undertaker and payments that the undertaker may be required to pay to its customers by statute and reasonable ex gratia payments made to customers in addition thereto) by reason or in consequence of any such obstruction or reduction in convenience of the access to any apparatus or damage or interruption.\n(2) Nothing in sub-paragraph (1) shall impose any liability on the promoter with respect to any obstruction or reduction in convenience of the access to any apparatus or damage or interruption to the extent that it is attributable to the act, neglect or default of the undertaker, its officers, servants, contractors or agents.\n(3) The undertaker shall give the promoter reasonable notice of any such claim or demand or intended ex gratia payment to be made and no settlement or compromise thereof shall be made without the consent of the promoter (such consent not to be unreasonably withheld or delayed) who, 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": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 16 Pt. 1 Section 3 para. 5 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/3/paragraph/5",
    "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."
}