Paragraph 97 Acquisition of apparatusI1
England and Wales
Despite any provision in this Order or anything shown on the land plans or if the Order covers any interest in any land in which any apparatus is placed or over which existing rights are enjoyed by Esso, the undertaker must not—
acquire any apparatus otherwise than by agreement with Esso; or
acquire, suspend or extinguish any of the existing rights so as to hinder Esso’s ability to access, maintain or repair its apparatus, otherwise than in accordance with this Part of this Schedule, by agreement with Esso or having first provided alternative rights.
Where the undertaker acquires land which is subject to any existing rights and the provisions of paragraph 98 (removal of apparatus and rights for alternative apparatus) do not apply, the undertaker must retain any notice of the existing rights on the title to the relevant land when registering the undertaker’s title to such acquired land, provided that this does not hinder the delivery of the authorised development.
Annotations
Commencement
- I1
Sch. 9 para. 97 in force at 12.10.2025, see art. 1