SCHEDULES

SCHEDULE 33Protective provisions

Part 1Highways and traffic

15

1

This paragraph applies where damage to any highway or property of the highway authority on or under any highway is caused by, or results from—

a

the construction of any work authorised by this Act, or

b

any act or omission of the nominated undertaker, its contractors, agents or employees whilst engaged upon such work.

2

In the case of damage to a highway, the nominated undertaker may make good such damage to the reasonable satisfaction of the highway authority.

3

The nominated undertaker must pay compensation to the highway authority—

a

in a case where the nominated undertaker does not make good such damage to a highway;

b

in the case of damage to property of the highway authority.