[F1 FinancialE+W
Textual Amendments
F1Sch. 12A inserted by Rights of Way Act 1990 (c. 24, SIF 59), s. 4
9(1)Subject to sub-paragraph (2) below, a competent authority may recover the amount of any expenses reasonably incurred by the authority in, or in connection with, the carrying out of the work—E+W
(a)in a case falling within paragraph 3(1) above, from the occupier of the relevant land or the person who disturbed the surface of the highway; and
(b)in any other case, from the occupier of the relevant land.
(2)A person—
(a)is not liable under paragraph (a) of sub-paragraph (1) above if he shows that he had any lawful authority or excuse for disturbing the surface of the highway; and
(b)is not liable under that paragraph as an occupier of land if he shows that the surface of the highway was not disturbed by him or with his consent.]