(a) any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act  1989;  (c) a water undertaker within the meaning of the Water Industry Act 1991; and  (b) a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986( a );  (d) a sewerage undertaker within the meaning of Part 1 (preliminary) of the Water Industry  Act 1991,  for the area of the authorised development, and in relation to any apparatus, means the utility  undertaker to whom it belongs or by whom it is maintained.  3.  This Part of this Schedule does not apply to apparatus in respect of which the relations  between the undertaker and the statutory undertaker are regulated by Part 3 (street works in  England and Wales) of the 1991 Act.  4. —(1) Regardless of the temporary stopping up, alteration or diversion of streets under the  powers conferred by article 11 (temporary stopping up and restriction of use of streets), a statutory  undertaker is at liberty at all times to take all necessary access across any such street and to carry  out and do all such works and things in, upon or under any such street as may be reasonably  necessary or desirable to enable it to maintain any apparatus which at the time of the temporary  stopping up, alteration or diversion was in that street.  (2) Where any street is stopped up under article 10 (permanent stopping up of streets and private  means of access), any statutory undertaker whose apparatus is in the street has the same powers  and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the  undertaker must grant to the statutory undertaker legal easements reasonably satisfactory to the  statutory undertaker in respect of such apparatus and access to it, but nothing in this paragraph  affects any right of the undertaker or of the statutory undertaker to require the removal of that  apparatus under paragraph 6 or to carry out works under paragraph 8.  5.  Despite any provision in this Order or anything shown on the land plans, the undertaker must  not acquire any apparatus otherwise than by agreement.  6. —(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any  interest in any land in which any apparatus is placed or over which access to any apparatus is  enjoyed or requires that the statutory undertaker’s apparatus is relocated or diverted, that apparatus  must not be removed under this Part of this Schedule, and any right of a statutory undertaker to  maintain that apparatus in that land and to gain access to it must not be extinguished, until  alternative apparatus has been constructed and is in operation, and access to it has been provided,  to the reasonable satisfaction of the statutory undertaker in question in accordance with sub- paragraphs (2) to (7).  (2) If, for the purpose of carrying out any works in, on or under any land purchased, held,  appropriated or used under this Order, the undertaker requires the removal of any apparatus placed  in that land, the undertaker must give to the statutory undertaker in question 28 days’ written  notice of that requirement, together with a plan and section 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 a statutory undertaker  reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph  (a), afford to the statutory undertaker the necessary facilities and rights for the construction of  alternative apparatus in other land of the undertaker and subsequently for the maintenance of that  apparatus.  (a) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than  in other land of 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, the statutory undertaker in  ( a ) 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section  76 of the Utilities Act 2000 (c. 27) and Part 1 of Schedule 23 to the Energy Act 2004 (c. 20). There are further amendments  to section 7 but none are relevant.  125