Paragraph 98 Apparatus of Cadent where there is a temporary prohibition or restriction on the use of streets and public rights of wayI1
England, Wales and Scotland
Where any street or public right of way is subject to temporary prohibition or restriction of use under article 12 (temporary prohibition or restriction of use of streets and public rights of way), if Cadent has any apparatus in the street or accessed via that street Cadent is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the prohibition or restriction of use and the undertaker must grant to Cadent, or procure the granting to Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the prohibition or restriction of use of any such street or highway, but nothing in this paragraph affects any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 101.
Notwithstanding the temporary alteration, diversion or restriction of use of any street under the powers of article 12 (temporary prohibition or restriction of use of streets and public rights of way), Cadent will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary alteration, diversion or restriction in respect of any apparatus which at the time of the prohibition or restriction of use or diversion was in that street.
Annotations
Commencement
- I1
Sch. 15 para. 98 in force at 5.11.2025, see art. 1