Removal of apparatus  Facilities and rights for alternative apparatus  149 85. —(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker  affords to or secures for Cadent facilities and rights in land for the construction, use, maintenance  and protection of alternative apparatus in substitution for apparatus to be removed, those facilities  and rights must be granted upon such terms and conditions as may be agreed between the  undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities  and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by  Cadent.  (2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under  sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to  which those facilities and rights are to be granted, are less favourable on the whole to Cadent than  the facilities and rights enjoyed by it in respect of the apparatus to be removed the terms and  conditions to which those facilities and rights are subject in the matter may be referred to  arbitration in accordance with paragraph 92 of this Part of this Schedule and the arbitrator must  make such provision for the payment of compensation by the undertaker to Cadent as appears to  the arbitrator to be reasonable having regard to all the circumstances of the particular case.  (5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed,  and subject to the grant to Cadent of any such facilities and rights as are referred to in sub- paragraph (2) or (3), then proceed without unnecessary delay to construct and bring into operation  the alternative apparatus and subsequently to remove any apparatus required by the undertaker to  be removed under the provisions of this Part of this Schedule.  (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker  under this Part of this Schedule must be constructed in such manner and in such line or situation as  may be agreed between Cadent and the undertaker.  (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in  other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities  and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or  part of such apparatus is to be constructed, Cadent must, on receipt of a written notice to that  effect from the undertaker, take such reasonable steps to seek to obtain the necessary facilities and  rights in the land in which the alternative apparatus is to be constructed, with the undertaker’s  assistance if required by Cadent, save that this obligation does not extend to the requirement for  Cadent to use its compulsory purchase powers to this end unless it elects to so do.  (2) If, for the purpose of constructing any part of the authorised development in, on, under or  over any land purchased, held, appropriated or used under this Order, the undertaker requires the  removal of any apparatus placed in that land, it must give to Cadent advance written notice of that  requirement, together with a plan of the work proposed, and of the proposed position of the  alternative apparatus to be provided or constructed and in that case (or if in consequence of the  exercise of any of the powers conferred by this Order Cadent reasonably needs to remove any of  its apparatus) the undertaker must, subject to sub-paragraph (3), afford to Cadent to its satisfaction  (taking into account paragraph 85(1)) the necessary facilities and rights—  84. —(1) If, in the exercise of the agreement reached in accordance with paragraph 83 or in any  other authorised manner, the undertaker acquires any interest in any land in which any apparatus is  placed, that apparatus must not be removed under this Part of this Schedule and any right of  Cadent to maintain that apparatus in that land must not be extinguished until alternative apparatus  has been constructed, and is in operation to the reasonable satisfaction of Cadent in accordance  with sub-paragraphs (2) to (5) inclusive.  (a) for the construction of alternative apparatus; and  (b) subsequently for the maintenance of that apparatus. 