Paragraph 97 On street apparatusI1

This Part of 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—

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.

The protective provisions in this Part of this Schedule apply and take precedence over article 33 (apparatus and rights of statutory undertakers in closed streets) of the Order which does not apply to Cadent.