OpenLegislation

Paragraph 39 On Street apparatusI1

England and Wales

(1)

This Schedule does 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, except for—

(a)

paragraphs 40, 45, 46 and 47; and

(b)

where sub-paragraph (2) applies, paragraphs 42 and 43.

(2)

This sub-paragraph applies where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within the existing public highway, notwithstanding that any diversion may be carried out under the provisions of Part 3 of the 1991 Act.

(3)

The provisions in this Part of this Schedule apply and take precedence over the provisions in Part 1 of this Schedule of the Order which do not apply to Cadent.

Annotations

Commencement

I1

Sch. 10 para. 39 in force at 11.7.2025, see art. 1