New Roads and Street Works Act 1991

155 Recovery of costs or expenses. S

(1) Any provision of this Part enabling an authority, body or person to recover the costs or expenses of taking any action shall be taken to include the relevant administrative expenses of that authority, body or person including an appropriate sum in respect of general staff costs and overheads.

The Secretary of State may prescribe the basis on which such amounts are to be calculated; and different provision may be made for different cases or descriptions of case.

(2) Where a right to payment enuring for the benefit of a person is conferred in respect of the same matter—

(a) both under this Part and under any enactment or agreement passed or made before the commencement of this Part, or

(b) by two or more provisions of this Part,

a payment made in discharge of any of those rights shall be treated as being made in or towards satisfaction of the other or others.

(3) Where under any provision of this Part a person is entitled in certain circumstances to recover costs or expenses incurred by him in executing works or taking other steps, any dispute as to the existence of those circumstances or as to the amount recoverable shall be determined [F1 in the prescribed manner].

This applies whether the provision is expressed as conferring a right to recover, or as imposing a liability to reimburse or indemnify or to bear the cost, but does not apply in relation to a provision expressed as providing for the charging of a fee or conferring a right to compensation or in relation to section 137 (contribution to the cost of making good long-term damage to the road).

Textual Amendments

F1 Words in s. 155(3) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(1)(2)(f), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

Commencement Information

I1 S. 155 wholly in force at 1.1.1993, see s. 170 and S.I. 1992/2990, art. 2(2), Sch. 2