Paragraph 94 On street apparatus

(1)

Except for—

(a)

paragraph 95 (apparatus of Cadent in stopped up streets);

(b)

paragraph 98 (removal of apparatus) insofar as sub-paragraph (2) applies;

(c)

paragraph 99 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) applies;

(d)

paragraph 100 (retained apparatus: protection of Cadent);

(e)

paragraph 101 (expenses); and

(f)

paragraph 102 (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.

(2)

Paragraphs 98 and 99 of this Part of this Schedule will apply to diversions even where 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.

(3)

Notwithstanding article 12 (temporary closure, restriction or prohibition 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.