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The Network Rail (Chart Leacon) Order 2021

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On street apparatus

18.—(1) Except for paragraphs 19 (apparatus of SGN in stopped up streets), 21 (removal of apparatus) in so far as paragraph 18(2) applies, 22 (facilities and rights for alternative apparatus) in so far as paragraph 18(2) applies, 23 (retained apparatus: protection of SGN), 24 (expenses) and 25 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of SGN, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and SGN are regulated by Part 3 of the 1991 Act.

(2) Paragraphs 20 and 21 of this Part of this Schedule shall apply to diversions even where carried out under the 1991 Act in circumstances where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within existing adopted public highway.

(3) The Protective Provisions in this Part of this Schedule apply and take precedence over article 16 (statutory undertakers, etc.) of, and Schedule 5 (provisions relating to statutory undertakers, etc.) to, the Order which shall not apply to SGN.

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