Paragraph 33 Apparatus of National Grid in stopped up streetsI1
England and Wales
Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 36 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 38.
Notwithstanding the temporary alteration, diversion or prohibition or restriction of any highway under the powers of article 16 (temporary alteration, diversion, prohibition and restriction of the use of streets), National Grid is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up, alteration, diversion or restriction was in that street.
Annotations
Commencement
- I1
Sch. 9 para. 33 in force at 8.9.2022, see art. 1