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2001 No. 388 (C. 18)

ROADS

STREET WORKS

The Street Works (1995 Order) (Commencment No. 5) Order (Northern Ireland) 2001

  Made 17th October 2001 

The Minister for Regional Development[1], in exercise of the powers conferred by Article 1(2) of the Street Works (Northern Ireland) Order 1995[2] and now exercisable by him and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Street Works (1995 Order) (Commencement No. 5) Order (Northern Ireland) 2001.

    (2) In this Order "the Order" means the Street Works (Northern Ireland) Order 1995.

Appointed day
     2. The day appointed for the coming into operation of the provisions of the Order specified in the Schedule shall be 18th November 2001.



Dated the


17th day of October 2001.

L.S.


G. Campbell
Minister for Regional Development


SCHEDULE
Article 2


Provisions of the Order for which 18th November 2001 is appointed as the day of coming into operation


Provisions of the Order Subject matter
Article 11 Street works licences
Article 12 Prohibition of unauthorised street works
Article 13(1) to (3) The street works register
Article 14 Advance notice of certain works
Article 15 Notice of starting date of works
Article 16(1) and (3) Power to give directions as to timing of works
Article 17 Notice of emergency works
Article 19(1), (2), (4), (5) and (6) General duty of street authority to co-ordinate works
Article 20(1) and (3) General duty of undertakers to co-operate
Article 21 Protected streets
Article 23 Streets with special engineering difficulties
Article 24 Traffic-sensitive streets
Article 29 Works likely to affect other apparatus in the street
Article 41(1), (2), (5), (6) and (7) Duty to maintain apparatus
Article 42 Liability for damage or loss caused
Article 47 Duties of undertaker in relation to bridge authority
Article 48 Duty of undertaker in relation to sewer authority
Article 51 Works affecting level crossings or tramways
Schedule 1 Street works licences
Schedule 2 Streets with special engineering difficulties
Schedule 3 in the respects specified below and Article 60(1) so far as it relates to them - 

    paragraph 1,

paragraphs 10 to 23,

paragraph 25,

paragraph 27,

paragraph 30,

paragraph 32,

 Minor and consequential amendments
The repeals in Schedule 4 and Article 60(2) so far as they relate to - 

    the Towns Improvement Clauses Act 1847, section 11(1) and (2) and paragraph 9(3) of Schedule 2 to the Telecommunications Act 1984,

the New Roads and Street Works Act 1991,

the Electricity (Northern Ireland) Order 1992,

the Roads (Northern Ireland) Order 1993 with the exception of Article 79

 Repeals


EXPLANATORY NOTE

(This note is not part of the Order.)


This Order brings into operation on 18th November 2001 Articles 11, 12, 13(1) to (3), 14, 15, 16(1) and (3), 17, 19(1), (2), (4), (5) and (6), 20(1) and (3), 21, 23, 24, 29, 41(1), (2), (5), (6) and (7), 42, 47, 48 and 51 of the Street Works (Northern Ireland) Order 1995.

Article 11 makes provision for the granting of a street works licence by the street authority to enable a person not having a statutory right to place and maintain apparatus in a street to gain authority to do so.

Article 12 makes it an offence for a person other than the street authority to execute street works otherwise than in pursuance of a statutory right or a street works licence and provides the necessary powers to enable the street authority to have the apparatus removed and the street reinstated. Paragraph (3) lists certain works to which the offence provision does not apply.

Article 13(1) to (3) places a requirement on the Department to keep a street works register and empowers the Department to make regulations prescribing the information to be contained in the register, including its manner and form, and the information which is to be regarded as restricted. Subject to certain conditions regarding restricted information, the Department is required to make the register available for inspection, at all reasonable hours and free of charge.

Article 14 requires an undertaker proposing to execute street works, in such cases as the Department may prescribe, to give advance notice of the works to the street authority, to comply with any requirements prescribed by the Department or imposed by the street authority for the purposes of co-ordinating the works with any other works proposed to be carried out in the street and makes it an offence to fail to comply with his duties under this Article.

Article 15 requires an undertaker proposing to execute certain street works to give advance notice of the works and makes it an offence to begin to execute such works in contravention of this Article.

Article 16(1) and (3) enables a street authority to direct the times of working in certain cases and makes it an offence to fail to comply with such a direction.

Article 17 makes provision for the giving of notice for emergency works and makes it an offence to fail to give such notice.

Article 19(1), (2), (4), (5) and (6) requires a street authority to use its best endeavours to co-ordinate works of all kinds in streets for which it is responsible and empowers the Department, in cases where it appears to it that a street manager is not properly discharging his duty of co-ordination, to direct the manager to supply it with information to enable it to decide whether that is the case and, if so, what action to take, or to take such steps as the Department considers appropriate for the purposes of discharging that duty.

Article 20(1) and (3) requires an undertaker executing street works to co-operate with the street authority and with other undertakers and makes it an offence to fail to comply.

Article 21 requires an undertaker placing apparatus in a protected street to obtain the consent of the street authority, except in the case of the renewal of existing apparatus or works done in pursuance of a street works licence unless, in the latter case, the licence was granted before the street became a protected street.

Article 23 makes provision for the designation of streets as having special engineering difficulties and requires the settlement of a plan and section in accordance with Schedule 2 for street works in a street so designated.

Article 24 empowers the Department to make regulations prescribing the criteria for designating a street as traffic-sensitive, the procedure for making or withdrawing a designation and the information to be made available by a street authority regarding streets for the time being so designated by them.

Article 29 requires an undertaker executing street works that are likely to affect another person's apparatus in the street, to give that person facilities for monitoring the execution of the works, to comply with any requirement made by him for the protection of the apparatus or securing access to it and makes it an offence to fail to comply with the requirements under this Article.

Article 41(1) and (2) requires an undertaker having apparatus in the street to keep the apparatus maintained and in efficient working order and to afford the authorities concerned facilities for ascertaining whether the apparatus is so maintained. Paragraphs (5), (6) and (7) apply the provisions of the Street Works (Northern Ireland) Order 1995 to works executed by a relevant authority under Article 41(3) or (4) as if they were works executed by the undertaker; indemnify the authority concerned in respect of the costs incurred in doing the work; require the authority concerned to give notice of the works to any other relevant authority; and provide that nothing in Article 41(3) or (4) shall be construed as excluding any other means open to the relevant authority of securing the undertaker's compliance with his duties under paragraph (1).

Article 42 provides a liability on an undertaker to compensate the street authority and any other relevant authority for damage or loss caused as a result of the execution of street works or any explosion, ignition, discharge or other event in the undertaker's apparatus. It also requires the undertaker to compensate any other person having apparatus in the street for similar loss or damage to apparatus belonging to them.

Article 47 requires an undertaker proposing to execute street works affecting the structure of a bridge, other than works in streets with special engineering difficulties, to consult the bridge authority, give it facilities for monitoring the execution of the works, comply with any requirement made by it for the protection of the bridge or securing access to it and makes it an offence to fail to comply with such requirements.

Article 48 requires an undertaker proposing to execute street works affecting a public sewer to consult the Department. Paragraph (2) provides that Article 29 (provisions likely to affect other apparatus in the street) shall not apply, by virtue of Article 9(2) in relation to works likely to affect a public sewer if, or to the extent that, Schedule 2 (works in streets with special engineering difficulties) applies.

Article 51 requires an undertaker proposing to execute street works at a railway level crossing or affecting a tramway to give advance notice of the works to the transport authority, comply with any reasonable requirements made by it for securing the safety of those persons carrying out the works, or for reducing interference with traffic on the railway or tramway, and makes it an offence to fail to comply with the notice requirements.

Schedule 1 contains the procedures to be followed for the grant of, operation or withdrawal of a street works licence under Article 11. Paragraph (9) provides a right of appeal in certain cases to the Planning Appeals Commission against the refusal of the Department to grant a licence or against any terms or conditions attached to such a licence. The street authority is empowered to charge a fee for granting the licence and an annual fee for administering it.

Schedule 2 contains the procedures to be followed when street works are to be executed in a street designated by the street authority under Article 23 as having special engineering difficulties.

Schedule 3, paragraphs 1, 10 to 23, 25, 27, 30 and 32, makes consequential amendments to the Land Powers (Defence) Act 1958 (1958 c. 30), the Planning (Northern Ireland) Order 1991 (S.I. 1991/1220 (N.I. 11)), the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)) and the Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15)).

Schedule 4 repeals provisions relating to the Towns Improvement Clauses Act 1847 (1847 c. 34), the Telecommunications Act 1984 (1984 c. 12), the New Roads and Street Works Act 1991 (1991 c. 22), the Electricity (Northern Ireland) Order 1992 and the Roads (Northern Ireland) Order 1993.


NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order.)


The following provisions of the Street Works (Northern Ireland) Order 1995 have been brought into operation by earlier commencement orders as from the dates shown.

Provision Date of Commencement S.R. Number
Articles 1 to 10 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 13(4) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 16(2) and (4) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 18 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 19(3) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 20(2) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 22 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 25(1), (2), (4), (5) and (6) 13th April 1997 S.R. 1997 No. 215 (C. 11)
Article 25(3) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Articles 26 and 27 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 28 1st February 1999 S.R. 1999 No. 27 (C. 3)
Articles 30 and 31 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Articles 32 and 33 1st February 1999 S.R. 1999 No. 27 (C. 3)
Articles 35 to 38 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 41(3) and (4) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 43 1st June 1998 S.R. 1998 No. 196 (C. 7)
Article 44(1), (3), (4) and (5) 1st June 1998 S.R. 1998 No. 196 (C. 7)
Article 44(2) 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Articles 45 and 46 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 49 1st February 1999 S.R. 1999 No. 27 (C. 3)
Article 50 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Articles 52 to 55 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Article 56 1st February 1999 S.R. 1999 No. 27 (C. 3)
Articles 57 to 59 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Paragraphs 2, 3, 9 and 33(a) of Schedule 3 and Article 60(1) so far as it relates to them 3rd June 1996 S.R. 1996 No. 223 (C. 10)
Schedule 3 in respect of paragraph 33(b) and Article 60(1) so far as it relates to that paragraph 1st June 1998 S.R. 1998 No. 196 (C. 7)
Schedule 4 and Article 60(2) in so far as it is necessary to effect the repeal of paragraph 1(5) of Schedule 2 to the Telecommunications Act 1984 3rd June 1996 S.R. 1996 No. 223 (C. 10)

Notes:

 [1] Section 95(5) of and paragraph 11(2) of Schedule 12 to 1998 c. 47, Article 3(1) of S.I. 1999/283 (N.I. 1) and Article 6(d) and Schedule 4 Part IV of S.R. 1999 No. 481.back

[2] S.I. 1995 No. 3210 (N.I. 19).back


ISBN 0 33794075 4


  © Crown copyright 2001

Prepared 31 October 2001

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