The Street Works (Sharing of Costs of Works) (Wales) Regulations 2005

Betterment etc.

7.—(1) In a case where, under these Regulations, an undertaker is liable to make a payment to an authority or an authority is liable to make a payment to an undertaker in relation to diversionary works there must be taken into account in favour of the authority —

(a) if those measures result in a betterment of the undertaker’s apparatus, a sum equal to the benefit which the undertaker gains as a result of the betterment, calculated in accordance with Appendix F to the Code;

(b) if those measures result in a postponement of the need to renew the undertaker’s apparatus, a sum determined in accordance with Appendix E to the Code.

(2) For the purposes of this regulation “betterment” shall be determined in accordance with Appendix F to the Code.