The Road Works (Sharing of Costs of Works) (Scotland) Regulations 2003

Diversionary works executed by an authority or an undertaker in other cases

5.—(1) This regulation applies where major works are initiated–

(a) by an authority on behalf of another person or by an authority other than in its capacity as such; or

(b) by an undertaker for the purposes of any such person,

and diversionary works are executed by an authority or the undertaker.

(2) Where the authority executes the diversionary works, the undertaker shall pay to the authority the sum which it would have had to pay under regulation 4 if the major works had been initiated by the authority.

(3) Where the undertaker executes the diversionary works, the authority shall pay to the undertaker the sum which it would have had to pay under regulation 3 if the major works had been initiated by the authority.

(4) In calculating the allowable costs for the purposes of regulations 3 and 4 as applied by this regulation there shall be taken into account in favour of the undertaker–

(a) any sum recoverable from any person for whose purposes the diversionary works are executed, irrespective of whether or not such a sum is actually recovered from that person;

(b) any sum which would have been recoverable from such a person were that person not the authority.