SCHEDULE 9Protective provisions

PART 4For the protection of National Gas Transmission plc as gas undertaker

Apparatus of National Gas in stopped up streets

34.—(1) Where any street is stopped up under article 8 (street works), 9 (power to alter layout, etc. of streets), 10 (construction and maintenance of altered streets) or 11 (temporary stopping up of public rights of way), if National Gas has any apparatus in the street or accessed via that street National Gas has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Gas, or procure the granting to National Gas of, legal easements reasonably satisfactory to National Gas in respect of such apparatus and access to it prior to the stopping up of any such street or highway but nothing in this paragraph affects any right of the undertaker or National Gas to require the removal of that apparatus under paragraph 37 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 39.

(2) Notwithstanding the temporary stopping up or diversion of any highway under the powers of article 11 (temporary stopping up of public rights of way), National Gas is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.