SCHEDULE 9Protective provisions

PART 5For the protection of Cadent Gas Limited

Apparatus of Cadent in stopped up streets

50.—(1) Where any street is stopped up under articles 12 (temporary restriction of public rights of way), 13 (temporary restriction of use of streets), or Schedule 5 (public rights of way to be temporarily restricted), if Cadent has any apparatus in the street or accessed via that street 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 street or highway, but nothing in this paragraph shall affect any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 53.

(2) Subject to sub-paragraph (3) below, and notwithstanding the temporary alteration, diversion or restriction of use of any street under the powers of article 12 (temporary restriction of public rights of way), 13 (temporary restriction of use of streets), or Schedule 5 (public rights of way to be temporarily restricted), 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 alteration, diversion or restriction in respect of any apparatus which at the time of the stopping up or diversion was in that street.

(3) In taking access pursuant to sub-paragraph (2) above, Cadent must:

(a)Comply with any plans produced by the undertaker pursuant to its obligations under the Construction (Design and Management) Regulations 2015; and

(b)Comply with all relevant health and safety legislation, guidance, protocols and procedures.