Paragraph 265 Apparatus of National Grid Electricity Transmission Plc in streets subject to temporary prohibition or restriction of use and public rights of wayI1
England, Wales and Scotland
Where any street or public right of way is temporarily prohibited or restricted under article 12 (temporary prohibition or restriction of the use of streets and public rights of way), if National Grid Electricity Transmission Plc has any apparatus in the street or public right of way or accessed via that street or public right of way National Grid Electricity Transmission Plc has the same rights in respect of that apparatus as it enjoyed immediately before the temporary prohibition or restriction and the undertaker must grant to National Grid Electricity Transmission Plc, or procure the granting to National Grid Electricity Transmission Plc of, legal easements reasonably satisfactory to National Grid Electricity Transmission Plc in respect of such apparatus and access to it prior to the temporary prohibition or restriction of any such street or public right of way but nothing in this paragraph affects any right of the undertaker or National Grid Electricity Transmission Plc to require the removal of that apparatus under paragraph 268 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 270.
Notwithstanding the temporary prohibition or restriction of use or diversion of a street or public right of way under the powers of article 12, National Grid Electricity Transmission Plc 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 prohibition or restriction of use or diversion was in that street or public right of way.
Annotations
Commencement
- I1
Sch. 15 para. 265 in force at 5.11.2025, see art. 1