Paragraph 42 Apparatus in stopped up streetsI1

Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access) and the utility undertaker has apparatus in that street, the utility undertaker shall have the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 45 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 47 (retained apparatus).

Regardless of any temporary stopping up or diversion of any highway under article 15 (temporary stopping up and restriction of use of streets), the utility undertaker may at all times, and upon giving at least 48 hours written notice in advance to the undertaker (except in cases of emergency) 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.