SCHEDULES
SCHEDULE 12 COMPENSATION ETC. IN RESPECT OF PIPE-LAYING AND OTHER WORKS POWERS
Compensation in respect of discharges for works purposes
6
1
It shall be the duty of every water undertaker—
a
to cause as little loss and damage as possible in the exercise of the powers conferred on it by section 165 of this Act; and
b
to pay compensation for any loss caused or damage done in the exercise of those powers.
2
For the purposes of subsection (1) above any extra expenditure—
a
which it becomes reasonably necessary for any other water undertaker or any sewerage undertaker or public authority to incur for the purpose of properly carrying out any statutory functions; and
b
which is attributable to any discharge of water under section 165 of this Act,
shall be deemed to be a loss sustained by the undertaker or public authority and to have been caused in exercise of the powers conferred by that section.
3
Any dispute as to whether compensation should be paid under sub-paragraph (1) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.