11(1)If the highway authority, after giving to the nominated undertaker not less than 28 days’ notice (or, in case of emergency, such notice as is reasonably practicable) of its intention to do so, incurs any additional expense in consequence of the construction of the works authorised by this Act—
(a)in the signposting of traffic diversions,
(b)in the taking of other measures in relation to those diversions, or
(c)in the repair of any highway by reason of the diversion of traffic from a road of a higher standard,
the nominated undertaker must repay to the highway authority the amount of any such expense reasonably so incurred.
(2)Sub-paragraph (3) applies in respect of an amount which, but for that sub-paragraph, would be payable to the highway authority by virtue of sub-paragraph (1) in respect of the repair of any highway.
(3)If the highway fell or would have fallen due for repair as part of the maintenance programme of the highway authority at any time within ten years of the repair being carried out by the nominated undertaker, so as to confer on the highway authority financial benefit (whether by securing the completion of overdue maintenance work for which the highway authority is liable or by deferment of the time for such work in the ordinary course), the amount payable to the highway authority must be reduced by the amount which represents that benefit.