Paragraph 137 On Street Apparatus

Except for paragraphs 138 (apparatus in stopped up streets), 141 (removal of apparatus) in so far as paragraph 225(2) applies, 142 (facilities and rights for alternative apparatus) in so far as sub-paragraph 137(2) below applies, 143 (retained apparatus: protection), 144 (expenses) and 145 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Cadent, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and Cadent are regulated by the provisions of Part 3 of the 1991 Act.

Paragraphs 141 and 142 of this Part of this Schedule will apply to diversions even where carried out under the 1991 Act, in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within existing adopted public highway.

Notwithstanding article 11 (street works) or any other powers in the Order generally, section 85 of the 1991 Act in relation to cost sharing and the regulations made thereunder will not apply in relation to any diversion of apparatus of Cadent under the 1991 Act.