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SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 5FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

Apparatus of Cadent in stopped up streets

52.—(1) Without prejudice to the generality of any other protection afforded to Cadent elsewhere in the Order, where any street is stopped up under article 15 (temporary closure of streets and public rights of way), if Cadent has any apparatus is in the street or accessed via that street Cadent will be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the closure and the undertaker will grant to Cadent, or will procure the granting to Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the closure of any such street or highway but nothing in this paragraph will affect any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 55.

(2) Notwithstanding the temporary closure or diversion of any highway under the powers of article 15 (temporary closure of streets and public rights of way), Cadent will be at liberty at all times to take all necessary access across any such stopped up highway and/or to execute and do all such works and things in, upon or under any such highway as it would have been entitled to do immediately before such temporary closure or diversion in respect of any apparatus which at the time of the closure or diversion was in that highway

(3) The Protective Provisions in this Part of this Schedule apply and take precedence over article 42 (statutory undertakers) of the Order which will not apply to Cadent.