The Railtrack (Leeds Bridges) Order 1999

Apparatus of statutory undertakers, etc. in stopped up streets

2.—(1) On the stopping up under article 8 of this Order of the street specified in Schedule 3 to this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street shall have the same powers and rights in respect of that apparatus, subject to the provisions of this paragraph, as if this Order had not been made.

(2) Where Railtrack exercise the powers of article 8 of this Order to stop up the street specified in Schedule 3 to this Order any statutory utility whose apparatus is under, in, upon, over, along or across the street may and, if reasonably requested so to do by Railtrack shall–

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it, or

(b)provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid.

(3) The allowable costs of the relocation works shall be determined in accordance with section 85 of the Street Works Act (sharing of cost of necessary measures) and any regulations for the time being having effect under that section, and shall be borne by Railtrack and the statutory utility in such proportions as may be prescribed by any such regulations.

(4) In this paragraph–

• “apparatus” has the same meaning as in Part III of the Street Works Act;

• “relocation works” means works executed, or apparatus provided, under sub-paragraph (2) above; and

• “statutory utility” means a statutory undertaker for the purposes of the Highways Act 1980 or a public telecommunications operator as defined in paragraph 1(6) above.