SCHEDULES
SCHEDULE 8PROTECTIVE PROVISIONS
PART 5FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
Payments
schedule 8 paragraph 41 41.—(1) The undertaker must pay to National Highways a sum equal to the whole of any costs and expenses which National Highways reasonably incurs (including costs and expenses for using internal or external staff and costs relating to any work which becomes abortive) 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 8 paragraph 41 1 a (a)the checking and approval of the information required under paragraph 40(1) (construction of the specified works) and any advice given to the undertaker relating to the design, specification and programme of the specified works generally;
schedule 8 paragraph 41 1 b (b)the supervision of the specified works;
schedule 8 paragraph 41 1 c (c)the checking and approval of the information required to determine approvals under this Order;
schedule 8 paragraph 41 1 d (d)all reasonable legal, technical and administrative costs and disbursements incurred by National Highways in connection with sub-paragraphs (a)-(c); and
schedule 8 paragraph 41 1 e (e)any value added tax which is payable by National Highways in respect of such costs and expenses 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 upon demand and prior to such costs being incurred the total costs that National Highways reasonably 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 authorised development.
(3) National Highways must provide the undertaker with a fully itemised schedule showing its estimate of the NH costs prior to the commencement of the specified works and the undertaker must pay to National Highways the estimate of the NH costs attributable to the specified works prior to commencing the specified works and in any event prior to National Highways incurring any cost.
(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 it may give notice to the undertaker of the amount that it believes the NH costs will exceed the estimate of the NH costs (the excess) and the undertaker must pay to National Highways within 28 days of the date of the notice a sum equal to the excess.
(5) National Highways must give the undertaker a final account of the NH costs referred to in sub-paragraph (1) to (4) within 30 days of the issue of the provisional certificate issued pursuant to paragraph 42(4).
(6) Within 28 days of the issue of the final account—
schedule 8 paragraph 41 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 8 paragraph 41 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.
(7) If any payment due under any of the provisions of this Part of this Schedule is not made on or before the date on which it falls due the party from whom it was due must at the same time as making the payment pay to the other party interest at 1% above the Bank of England base lending rate from time to time being in force for the period starting on the date upon which the payment fell due and ending with the date of payment of the sum on which interest is payable together with that interest.