OpenLegislation

Paragraph 49 On Street apparatusI1

England, Wales and Scotland

(1)

This Schedule does 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, except for—

(a)

paragraphs 50, 55, and 57; and

(b)

where sub-paragraph (2) applies, paragraphs 53 and 54.

(2)

This sub-paragraph applies where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within the existing public highway, notwithstanding that any diversion may be carried out under the provisions of Part 3 of the 1991 Act.

(3)

The Protective Provisions in this Part of this Schedule apply and take precedence over article 36 (statutory undertakers) and 37 (recovery of costs of new connections) of the Order which shall not apply to Cadent.

Annotations

Commencement

I1

Sch. 10 para. 49 in force at 11.4.2024, see art. 1(2)