21.5  Gypsies and Travellers

The following provisions shall apply in relation to gypsies and travellers on the Project Network:

(a)  the Service Provider shall at all times:

(i)  treat gypsies and travellers with courtesy and respect and in a humane and compassionate manner;

(ii)  not take any action in relation to gypsies and travellers other than in accordance with the Authority's then published policy on unauthorised encampments or after prior consultation with the Authority;

(iii)  not make any provision on the Project Network for any temporary or permanent site for gypsies or travellers;

(b)  subject to the prior written consent of the Authority, the Service Provider shall bring an action in the name of the Authority for the possession of any part of the Project Network which is subject to an unauthorised encampment and the Service Provider shall indemnify and keep indemnified the Authority against all Losses and Claims arising out of, any such action.  During the period that such encampment is in place the Service Provider shall take all reasonable steps to ensure that the size of the encampment does not increase;

(c)  the acts (or presence) of gypsies and travellers shall be an Excusing Cause and the provisions of clause 40 (Excusing Causes), save to the extent arising (or persisting) by reason of the Service Provider's failure to take such steps in relation to the gypsies of travellers as are required by this clause 21.5.  The Service Provider shall not be treated as having failed to take, or delayed in taking, such steps where such failure or delay arose because the Service Provider was waiting for the Authority's consent as required by clause 21.5(b), or because the Service Provider was complying with the Authority's decision not to grant such consent.