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

Payment

8.—(1) For the purposes of regulation 3(1)(a) and (b) (including those provisions as applied by regulation 5) the authority may pay to the undertaker a sum equal to 75 per cent of the estimate of 82 per cent or 92.5 per cent (as appropriate) of the allowable costs–

(a) in a single lump sum before the diversionary works begin; or

(b) if the authority and the undertaker so agree in the case of diversionary works of an estimated duration of more than three months, by instalments of such amounts, payable at such times during the execution of the diversionary works, as the authority and the undertaker agree.

(2) After the diversionary works have been completed, the person to whom any sum by way of allowable costs is due (“the creditor”) shall issue to the person from whom the sum is due (“the debtor”) an account of the sum owing and within 35 days of that account having been issued–

(a) a debtor that is an authority which has paid a lump sum or instalments in accordance with paragraph (1) shall pay to the undertaker any balance of the estimate, together with any further sum equal to the amount by which the proportion of allowable costs to which the undertaker is entitled exceeds the estimate;

(b) the debtor in any other case shall pay to the creditor the sum owing.

(3) If payments made by an authority under paragraph (1) exceed the relevant proportion of allowable costs specified in regulation 3(1)(a) or (b), the undertaker shall, within 35 days of the issue of the account referred to in paragraph (2), refund to the authority the amount of the excess.