13(1)Subject to sub-paragraphs (2) and (3) below, if by reason or in consequence of the construction of any of the works authorised by this Act, or any subsidence resulting from any of those works, any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of the undertakers, or any interruption in the supply of electricity, gas or water (as the case may be) by the undertakers or, in the case of [F1the Central Electricity Generating Board][F1The National Grid Company plc], by or to that [F1board][F1company], shall be caused, the appropriate authority shall bear and pay the cost reasonably incurred by the undertakers in making good such damage or restoring the supply and shall—U.K.
(a)make reasonable compensation to the undertakers for loss sustained by them; and
(b)indemnify the undertakers against claims, demands, proceedings, costs, damages and expenses which may be made or taken against, or recovered from, or incurred by, the undertakers;
by reason or in consequence of any such damage or interruption.
(2)Nothing in sub-paragraph (1) above shall impose any liability on the appropriate authority with respect to any damage or interruption to the extent that such damage or interruption is attributable to the act, neglect or default of the undertakers, their officers, servants, contractors or agents.
(3)The undertakers shall give to the appropriate authority reasonable notice of any claim or demand as aforesaid and no settlement or compromise thereof shall be made without the prior consent of the appropriate authority.
Textual Amendments
F1Sch.7 Pt. VI para.13(1): it is provided that “The National Grid Company plc” shall be substituted (E.W.S.) for “the Central Electricity Generating Board” and “company” shall be substituted for “board” by S.I. 1990/577, art 2, Sch.