OpenLegislation

Paragraph 84 Apparatus of NGT in affected streetsI1

England, Wales and Scotland

(1)

Where any street is permanently stopped up under any article of this Order, if NGT has any apparatus in the street or accessed via that street NGT has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to NGT, or procure the granting to NGT of, legal easements reasonably satisfactory to NGT 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 affects any right of the undertaker or NGT to require the removal of that apparatus or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works.

(2)

Notwithstanding the temporary closure or diversion of any highway under the powers of article 14 (temporary closure of streets, cycle tracks and public rights of way), NGT is at liberty at all times to take all necessary access across any such closed highway and to execute and do all such works and things in, upon or under any such highway as are reasonably necessary to carry out at the time of the temporary closure to enable it to maintain any apparatus which at the time of the closure or diversion was in that highway.

Annotations

Commencement

I1

Sch. 15 para. 84 in force at 5.4.2024, see art. 1