The responsible person1 must meet his remedial obligation2 in respect of any damage by making an obligatory payment in lieu3:
(1) where the damaged property is a highway maintainable at the public expense in England and Wales4;
(2) where the execution of remedial works5 falls within a duty with respect to the damaged property which, in connection with the maintenance of public services, is imposed by virtue of any enactment on (a) a government department6; (b) a local authority7; or (c) statutory undertakers8;
(3) where it is certified by the Secretary of State9 on an application made to him
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