OpenLegislation

Paragraph 44 Apparatus of National Grid in stopped up streetsI1

England, Wales and Scotland

(1)

Without limitation on the scope of any other protection afforded to National Grid elsewhere in the Order, where any street is stopped up under article 13 (permanent stopping up of streets), if National Grid has any apparatus in the street or accessed via that street National Grid is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street or highway.

(2)

Regardless of the temporary stopping up or diversion of any highway under the powers of article 14 (temporary stopping up of streets), National Grid 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 stopping up or diversion was in that highway.

Annotations

Commencement

I1

Sch. 9 para. 44 in force at 23.9.2016, see art. 1