Diversionary works executed by an authority because of the authority’s major works
4.—(1) Where, because of major works initiated by an authority, the authority executes diversionary works, the undertaker must, subject to paragraph (2), pay to the authority —
(a)where the major works are major transport works other than those which —
(i)are also major bridge works, or
(ii)are section 86(3) (a) to (g) works,
a sum equal to 7.5 per cent of the allowable costs of the diversionary works;
(b)in all other cases, a sum equal to 18 per cent of the allowable costs of the diversionary works.
(2) Where an undertaker’s apparatus is moved by the authority at the request of the undertaker and solely because of a change in the type of highway construction, not involving an alteration in the depth of cover to a depth of less or greater than the acceptable depth referred to in Appendix B to the Code, the undertaker must pay to the authority the allowable costs incurred by the authority in moving the apparatus.
(3) This regulation is subject to regulation 6.