SCHEDULES
SCHEDULE 15PROTECTIVE PROVISIONS
PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
Payments
schedule 15 paragraph 62 62.—(1) The undertaker must pay to National Highways a sum equal to the whole of any costs and expenses which National Highways incurs (including costs and expenses for using internal or external staff) in relation to the specified works and in relation to any approvals sought under this Order, or otherwise incurred under this Part of this Schedule, including—
schedule 15 paragraph 62 1 a (a)the checking and approval of the information required under paragraph 60(1) of this Part of this Schedule;
schedule 15 paragraph 62 1 b (b)the supervision of the specified works;
schedule 15 paragraph 62 1 c (c)the checking and approval of the information required to determine approvals under this Order which are not covered by the administration fee;
schedule 15 paragraph 62 1 d (d)all costs in relation to the transfer of any land or grant of rights which may be required for the specified works;
schedule 15 paragraph 62 1 e (e)the administration fee;
schedule 15 paragraph 62 1 f (f)all legal costs incurred which are not already covered by (a) to (e) above; and
schedule 15 paragraph 62 1 g (g)any value added tax which is payable by National Highways in respect of such costs and expenses in (a) to (f) and for which it cannot obtain reinstatement from HM Revenue and Customs,
together comprising the “NH costs”.
(2) The undertaker must pay to National Highways within 30 days of receipt and prior to such costs being incurred the total costs that National Highways believe will be properly and necessarily incurred by National Highways in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the specified works.
(3) National Highways must provide the undertaker with an itemised schedule showing its estimate of the NH costs, including its estimate of the administration fee, prior to the commencement of the specified works and the undertaker must pay to National Highways an amount equal to the estimated sum prior to National Highways incurring any cost and prior to commencing the specified works.
(4) If at any time after the payment referred to in sub-paragraph (3) has become payable, National Highways reasonably believes that the NH costs will exceed the estimated NH costs notified pursuant to sub-paragraph (3) it may give written notice to the undertaker of the amount that it believes the NH costs will exceed the estimate (“the excess”) and the undertaker must pay to National Highways within 30 days of the date of the notice a sum equal to the excess.
(5) National Highways must give the undertaker an itemised final account of NH costs referred to in sub-paragraph (1) within 91 days of the issue of the provisional certificate issued pursuant to paragraph 63(4) of this Part of this Schedule.
(6) Within 30 days of the issue of the final account—
schedule 15 paragraph 62 6 a (a)if the final account shows a further sum as due to National Highways the undertaker must pay to National Highways the sum shown due to it;
schedule 15 paragraph 62 6 b (b)if the account shows that the payment or payments previously made by the undertaker have exceeded the costs incurred by National Highways, National Highways must refund the difference to the undertaker.