192.Section 48 provides that where an owner of land has to bear expenses as a result of the carrying out of operations specified in a notice issued under section 35 or 46, the owner or the Authority can apply to the court for an order requiring one or more other persons to contribute towards those expenses. “Court” is defined in section 90 as the High Court or the county court.
193.An order can only be made in relation to a person listed in subsection (2).
194.Subsections (5) and (6) set out the procedural requirements that the owner or the Authority must comply with when applying for an order under this section.
195.The court must take account of all the circumstances, including all the matters listed in subsection (7), in deciding whether to make an order, and in determining the amount of any contribution. If the court decides to make an order, the order must specify the percentage of the total amount in respect of which a contribution can be claimed under Chapter 3.
Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 48 – Contribution orders