# The Byers Gill Solar Order 2025, Paragraph 89: Apparatus in stopped up and temporarily closed streets

Extent: E+W

(1) Where in pursuance of the powers conferred by the Order any street is stopped up (permanent stopping up and restriction of use of streets and private means of access), where NWL has apparatus in the street or accessed by virtue of that street, it has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to NWL legal easements reasonably satisfactory to NWL in respect of such apparatus and access to it, subject to any right of the undertaker or NWL to require the removal of that apparatus under paragraph 87.
(2) Regardless of the temporary closure or diversion of any highway under the powers conferred by the Order (temporary alteration, diversion, prohibition and restriction of the use of streets), NWL is at liberty at all times to take all necessary access across any such temporarily closed highway 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 temporary closure or diversion was in that highway subject to provision of reasonable prior notice to the undertaker (except in the case of emergency) and compliance at all times with the undertaker’s reasonable site safety rules and health and safety law.

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Source: https://www.legislation.gov.uk/uksi/2025/934/schedule/11/paragraph/89 (the official version)
Page: https://openlegislation.uk/byers-gill-solar-order-2025/schedule-11/paragraph-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.