Paragraph 5 Protective works to buildingsI1
England and Wales
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 any undertaker or any interruption in the supply of gas, as the case may be, by the undertaker is caused, the promoter shall—
bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and
subject to sub-paragraphs (2) and (3), make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by that undertaker, by reason or in consequence of any such damage or interruption.
Nothing in sub-paragraph (1) shall impose any liability on the promoter 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.
An undertaker shall give the promoter reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the consent of the promoter 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.
Annotations
Commencement
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Sch. 16 Pt. 1 Section 4 para. 5 in force at 24.9.2014, see art. 1