The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015

Protective works to buildings

26.—(1) The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus without the written consent of the statutory undertaker and, if by reason of the exercise of those powers any damage to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal or abandonment) or property of the statutory undertaker or any interruption in the supply of gas by the undertaker is caused, the undertaker must bear and pay on demand the cost reasonably incurred by the statutory undertaker in making good such damage or restoring the supply; and, subject to sub-paragraph (2), must—

(a) pay compensation to the statutory undertaker for any loss sustained by it; and

(b) indemnify the statutory undertaker against all claims, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from or incurred by the statutory undertaker, by reason of any such damage or interruption.

(2) Nothing in this paragraph imposes any liability on the undertaker 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 statutory undertaker or its contractors or workforce; and the statutory undertaker must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise of it is to be made, except in respect of any payment required under a statutory compensation scheme, without first consulting the undertaker and giving it an opportunity to make representations as to the claim or demand.