Paragraph 63 On street apparatusI1
England and Wales
Except for—
paragraph 64 (apparatus of Cadent in stopped up streets);
paragraph 67 (removal of apparatus) insofar as sub-paragraph (2) applies;
paragraph 68 (facilities and rights for alternative apparatus) insofar as sub-paragraph (2) applies;
paragraph 69 (retained apparatus: protection of Cadent);
paragraph 70 (expenses); and
paragraph 71 (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 67 and 68 of this Part of this Schedule will apply to diversions even where the diversion is 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 (temporary prohibition or restriction of use of streets and public rights of way), 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.
Annotations
Commencement
- I1
Sch. 15 para. 63 in force at 27.9.2024, see art. 1