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Paragraph 59 Apparatus 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 Viking Link has any apparatus in the street or accessed via that street Viking Link has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to Viking Link, or procure the granting to Viking Link of, legal easements reasonably satisfactory to Viking Link 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 Viking Link to require the removal of that apparatus under paragraph 150 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 152 (apparatus: protection).

(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), Viking Link 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 to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.