OpenLegislation

Paragraph 188 Apparatus of EDF in temporarily closed streetsI1

England and Wales

(1)

Where any street or public right of way is temporarily closed under article ‎11 (temporary closure of streets and public rights of way), if EDF has any apparatus in the street or public right of way or accessed via that street or public right of way EDF has the same rights in respect of that apparatus as it enjoyed immediately before the temporary closure and the undertaker must grant to EDF, or procure the granting to EDF of, legal easements reasonably satisfactory to EDF in respect of such apparatus and access to it prior to the temporary closure of any such street or public right of way but nothing in this paragraph affects any right of the undertaker or EDF to require the removal of that apparatus under paragraph ‎191 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph ‎193.

(2)

Notwithstanding the temporary closure or diversion of any street or public right of way under the powers of article ‎11 (temporary closure of streets and public rights of way), EDF is at liberty at all times to take all necessary access across any such street or public right of way 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 street or public right of way.

Annotations

Commencement

I1

Sch. 14 para. 188 in force at 3.8.2024, see art. 1

Notes on the whole SI

Textual amendments

F1

Words in Preamble omitted (28.11.2024) by virtue of The Gate Burton Energy Park (Correction) Order 2024 (S.I. 2024/1249), art. 1, Sch.