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Paragraph 4 Apparatus of statutory undertakers in stopped up streetsI1

England, Wales and Scotland

Without prejudice to the generality of any other protection afforded to the statutory undertaker elsewhere in the Order, where any street is stopped up under article 10 (public rights of way), if the statutory undertaker has any apparatus in the street or accessed via that street the statutory undertaker will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker will grant to the statutory undertaker, or will procure the granting to the statutory undertaker of, legal easements reasonably satisfactory to the specified statutory undertaker 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 the statutory undertaker to require the removal of that apparatus under paragraph 7. Notwithstanding the temporary stopping up or diversion of any streets under the powers of articles 11 (temporary stopping up of public rights of way) and 12 (temporary stopping up of streets), the statutory undertaker will be at liberty at all times to take all necessary access across any such stopped up street and/or 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.

Annotations

Commencement

I1

Sch. 10 Pt. 4 para. 4 in force at 22.4.2022, see art. 1(2)