SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF CADENT GAS LIMITED

Apparatus of Cadent in stopped up rights of way

schedule 8 paragraph 23 + 23.—(1) Where any public right of way is stopped up under article 14 (permanent stopping up of public rights of way), if Cadent has any apparatus in the public right of way or accessed via that public right of way Cadent is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up 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 stopping up of any such public right of way, but nothing in this paragraph affects any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 26 (removal of apparatus).

(2) Notwithstanding the temporary stopping up, alteration, diversion or restriction of use of any street under the powers of article 13 (temporary stopping up and restriction of use of streets), 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 stopping up, alteration, diversion or restriction in respect of any apparatus which at the time of the stopping up, alteration, diversion or restriction of use was in that street.