SCHEDULES

SCHEDULE 8PROTECTIVE PROVISIONS

PART 4FOR THE PROTECTION OF CADENT GAS LIMITED

On street apparatus

22.—(1) 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 (street works in England and Wales) of the 1991 Act, except for—

(a)paragraphs 23 (apparatus of Cadent in stopped up rights of way), 28 (retained apparatus: protection of Cadent), 29 (expenses) and 30 (indemnity); and

(b)where sub-paragraph (2) applies, paragraphs 26 (removal of apparatus) and 27 (facilities and rights for alternative apparatus).

(2) 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.

(3) Paragraph 29 (expenses) does not apply to any part of the authorised development that affects Cadent’s apparatus in a street and which constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a)any allowable costs of the measures needing to be taken in relation to that apparatus in consequence of the authorised development, or in order to facilitate their execution, is to be determined in accordance with Part 3 and section 85 (sharing of cost of necessary measures) of that Act, and any regulations for the time being having effect under that section; and

(b)any allowable costs are to be borne by the undertaker and Cadent in such proportions as may be prescribed by any such regulations.