which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any statutory undertaker, or the statutory undertaker becomes liable to pay any amount to any third party, the undertaker shall—
(a) bear and pay on demand the cost reasonably incurred by that statutory undertaker in making good such damage or restoring the supply; and
(b) compensate that statutory undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from the statutory undertaker, by reason or in consequence of any such damage or interruption or the statutory undertaker becoming liable to any third party as aforesaid.
(2) The fact that any act or thing may have been done by a statutory undertaker on behalf of the
undertaker or in accordance with a plan approved by a statutory undertaker or in accordance with any requirement of a statutory undertaker or under its supervision shall not (subject to sub- paragraph (3), excuse the undertaker from liability under the provisions of this sub-paragraph (1)).
(3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker with respect to any
damage or interruption to the extent that it is attributable to the neglect or default of a statutory undertaker, its officers, servants, contractors or agents.
(4) A statutory undertaker shall give the undertaker reasonable notice of any such claim or
demand and no settlement or compromise shall be made without first consulting the undertaker and considering their representations (such representations not to be unreasonably withheld or delayed).
Ground subsidence monitoring scheme in respect of statutory undertaker’s apparatus 11.—(1) No works within 15 metres of any apparatus or alternative apparatus shall commence
until a scheme for monitoring ground subsidence (“referred to in this paragraph as the monitoring scheme”) which is capable of interfering with or risking damage to statutory undertaker’s apparatus has been submitted to and approved by the relevant statutory undertaker, such approval not to be unreasonably withheld or delayed.
(2) The ground subsidence monitoring scheme described in sub-paragraph (1) shall set out— (a) the apparatus which is to be subject to such monitoring; (b) the extent of land to be monitored; (c) the manner in which ground levels are to be monitored; (d) the timescales of any monitoring activities; and
(e) the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for statutory undertaker’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (3).
(3) The monitoring scheme required by sub-paragraphs (1) and (2) must be submitted within 56
days prior to the commencement of any works authorised by this Order or comprised within the authorised development. Any requirements of the statutory undertaker will be notified within 28 days of receipt of the monitoring scheme. Thereafter the monitoring scheme must be implemented as approved, unless otherwise agreed in writing with the statutory undertaker.
(4) As soon as reasonably practicable after any ground subsidence identified by the monitoring
activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) shall be submitted to the statutory undertaker for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with the statutory undertaker except that the statutory undertaker retains the right to carry out any further necessary protective works for the safeguarding of their apparatus and can recover any such costs in line with paragraph 10.
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