Paragraph 51 On Street ApparatusI1

Except for paragraphs 52 (apparatus of Cadent in closed streets), 55 (removal of apparatus) in so far as sub-paragraph (3) applies, 56 (facilities and rights for alternative apparatus) in so far as sub-paragraph (2) below applies, 57 (retained apparatus: protection of Cadent), 58 (expenses) and 59 (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.

Paragraphs 55 and 56 of this Agreement will 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.

Notwithstanding article 11 (street works) or any other powers in the Order generally, s85 of the 1991 Act in relation to cost sharing and the regulations made thereunder will not apply in relation to any diversion of apparatus of Cadent under the 1991 Act.