OpenLegislation

Paragraph 43 Apparatus of National Gas in stopped up streets

Original text. Later amendments are not shown.

(1)

Where any street is stopped up under article 16 (temporary prohibition or restriction of use of streets and public rights of way), if National Gas has any apparatus in the street or accessed via that street National Gas has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Gas, or procure the granting to National Gas of, legal easements reasonably satisfactory to National Gas in respect of such apparatus and access to it prior to the stopping up of any such street or highway but nothing in this paragraph affects any right of the undertaker or National Gas to require the removal of that apparatus under paragraph 134 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 136.

(2)

Notwithstanding the temporary stopping up or diversion of any street under the powers of article 16 (temporary prohibition or restriction of use of streets and public rights of way), National Gas is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.