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Paragraph 58 Apparatus of NGET in closed streets

Original text. Later amendments are not shown.

(1)

Where any street is temporarily closed under article 9 (street works), 12 (construction and maintenance of altered streets) and 14 (temporary closure of and permitting vehicular use on public rights of way), if NGET has any apparatus in the street or accessed via that street NGET has the same rights in respect of that apparatus as it enjoyed immediately before the closure and the undertaker must grant to NGET, or procure the granting to NGET of, legal easements reasonably satisfactory to NGET in respect of such apparatus and access to it prior to the closure of any such street or highway but nothing in this paragraph affects any right of the undertaker or NGET to require the removal of that apparatus under paragraph 61 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 63.

(2)

Notwithstanding the temporary closure or diversion of any highway under the powers of article 13 (temporary closure of and permitting vehicular use on public rights of way ), NGET is at liberty at all times to take all necessary access across any such stopped up highway 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 closure or diversion was in that highway.