- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5. Save as provided in regulation 6, in a case where works are initiated by a person other than the authority concerned in its capacity as such or an undertaker and for the purposes of that person, and because of those works measures need to be taken in respect of apparatus—
(a)if the authority concerned takes those measures the undertaker shall pay to the authority concerned a sum equal to 18 per cent of the allowable costs incurred by the authority concerned in taking those measures;
(b)if the undertaker takes those measures the authority concerned shall pay to the undertaker a sum equal to the allowable costs incurred by the undertaker in taking those measures, provided that the authority concerned shall pay only 82 per cent of the said allowable costs if the authority pays to the undertaker a sum equal to 75 per cent of the estimate of the said 82 per cent pursuant to paragraph (a) of regulation 8.
For the purposes of this regulation in calculating the cost of taking measures, there shall be taken into account in favour of the undertaker any sum which is recoverable from the person for whose purposes the works are done, irrespective of whether or not such a sum is actually recovered from that person, or any sum which would have been recoverable if the person for whose purposes the works are done were not the authority concerned.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: