OpenLegislation

Paragraph 97 On street apparatusI1

England and Wales

(1)

Except for paragraphs 98 (apparatus of Cadent in stopped up streets), 101 (removal of apparatus) in so far as sub-paragraph (2) applies, 102 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) applies, 103 (retained apparatus: protection of Cadent), 104 (expenses) and 105 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of Cadent, the other provisions of this Schedule do 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.

(2)

Paragraph 101 and 102 of this Part of this Schedule apply to diversions even where carried out under the 1991 Act, in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within existing adopted public highway.

(3)

Notwithstanding article 11 (temporary closure of and permitting vehicular use on public rights of way) or any other powers in the Order generally, section 85 of the 1991 Act in relation to cost sharing and the regulations made thereunder does not apply in relation to any diversion of apparatus of Cadent under the 1991 Act.

Annotations

Commencement

I1

Sch. 15 para. 97 in force at 3.8.2024, see art. 1