OpenLegislation

Paragraph 249 Apparatus of EDF in streets and public rights of wayI1

England, Wales and Scotland

(1)

Where any street or public right of way is subject to temporary prohibition or restriction of use under the Order, if EDF has any apparatus in the street or public right of way or accessed via that street or public right of way EDF has the same rights in respect of that apparatus as it enjoyed immediately before the prohibition or restriction of use and the undertaker must grant to EDF, or procure the granting to EDF of, legal easements reasonably satisfactory to EDF in respect of such apparatus and access to it prior to the temporary prohibition or restriction of use of any such street or public right of way but nothing in this paragraph affects any right of the undertaker or EDF to require the removal of that apparatus under paragraph 252 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 254.

(2)

Notwithstanding the temporary diversion of, or restriction on, any street or public right of way under the powers of article 12 (temporary prohibition or restriction of the use of streets and public rights of way), EDF is at liberty at all times to take all necessary access across any such street or public right of way and to execute and do all such works and things in, upon or under any such street or public right of way as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary diversion or restriction was in that street or public right of way.

Annotations

Commencement

I1

Sch. 15 para. 249 in force at 5.11.2025, see art. 1