Paragraph 21 Apparatus of Cadent in stopped up streetsI1
England and Wales As made
Where any street is stopped up under article 15 (permanent stopping up, restriction of use of streets and public rights of way), if Cadent has any apparatus in the street or accessed via that street Cadent 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 Cadent, or procure the granting to Cadent of legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph shall affect any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 24 (removal of apparatus).
Notwithstanding the temporary alteration, diversion or restriction of use of any street under the powers of article 14 (temporary closure and restriction of use of streets), Cadent will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary alteration, diversion or restriction of use in respect of any apparatus which at the time of the stopping up or diversion was in that street.
Annotations
Commencement
- I1
Sch. 9 para. 21 in force at 30.9.2025, see art. 1