The Network Rail (Chart Leacon) Order 2021

Expenses and costs

38.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to the utility undertaker on demand all charges, costs and expenses reasonably and properly incurred by the utility undertaker in, or in connection with—

(a) the inspection, removal, alteration, relaying, replacing or protection of any apparatus or the construction of any apparatus or the construction of any new apparatus or alternative apparatus which may be required in consequence of the execution of any authorised works as are referred to in any of these provisions including without limitation—

(i) any costs reasonably and properly incurred by or compensation paid by the utility undertaker in connection with the acquisition of facilities and rights or the exercise of statutory powers for any such apparatus in consequence of the operation of any of these provisions;

(ii) the cost of the carrying out of any necessary diversion work or the provision of any alternative apparatus; and

(iii) the cutting off of any apparatus from any other apparatus, or the making safe of any redundant apparatus, in consequence of the exercise of any power conferred by this Order affecting the utility undertaker’s apparatus;

(b) the survey of any land, apparatus or works, the superintendence and monitoring of works and the installation or removal of any temporary works reasonably necessary in consequence of the exercise of any power conferred by this Order affecting the utility undertaker’s apparatus;

(c) the approval of plans;

(d) the carrying out of protective works plus a proportionate capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(e) the survey of any land, apparatus or work, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule; and

(f) any other work or thing rendered reasonably necessary in consequence of the exercise of any power conferred by this Order affecting the utility undertaker’s apparatus.

(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated, after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 20 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph will be reduced by the amount of that excess save where it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.