The Street Works (Northern Ireland) Order 1995

Link to law: http://www.legislation.gov.uk/nisi/1995/3210/contents

Introductory Text

Introduction and interpretation

1.Title and commencement
2.General interpretation
3.Streets and street works
4.Undertakers
5.Works for road purposes and major road works
6.Emergency works
7.The street authority and other relevant authorities
8.Interpretation of expressions relating to bridges
9.Interpretation of expressions relating to sewers
10.Interpretation of expressions relating to transport

Street works licences

11.Street works licences
12.Prohibition of unauthorised street works
12A.Permit scheme

The street works register

13.The street works register
13A.Duty to inspect records

Notice and co-ordination of works

14.Advance notice of certain works
15.Notice of starting date of works
16.Power to give directions as to timing of street works
16A.Power to give directions as to placing of apparatus
17.Notice of emergency works
18.Restriction on works following substantial road works
18A.Restriction on works following substantial street works
19.General duty of street authority to co-ordinate works
20.General duty of undertakers to co-operate

Streets subject to special controls

21.Protected streets
22.Supplementary provisions as to designation of protected streets
23.Streets with special engineering difficulties
24.Traffic-sensitive streets

General requirements as to execution of street works

25.Safety measures
26.Avoidance of unnecessary delay or obstruction
27.Qualifications of supervisors and operatives
28.Facilities to be afforded to street authority
29.Works likely to affect other apparatus in the street

Reinstatement

30.Duty of undertaker to reinstate
31.Materials, workmanship and standard of reinstatement
32.Powers of street authority in relation to reinstatement
33.Reinstatement affected by subsequent works

Re-surfacing

33A.Power to require undertaker to re-surface street
33B.Power to specify timing etc. of re-surfacing
33C.Materials, workmanship and standard of re-surfacing
33D.Re-surfacing: regulations
33E.Re-surfacing: guidance

Inspections
33F.Guidance about street authority inspections

Charges, fees and contributions payable by undertakers

34.Charge for occupation of the road where works unreasonably prolonged
34A.Charge determined by reference to duration of works
35.Inspection of fees
36.Liability for cost of temporary traffic regulation
37.Liability for cost of use of alternative route
38.Contributions to costs of making good long-term damage
38A.Contributions to costs of re-surfacing by undertaker

Duties and liabilities of undertakers with respect to apparatus

39.Records of location of apparatus
40.Duty to inform undertakers of location of apparatus
41.Duty to maintain apparatus
42.Liability for damage or loss caused

Apparatus affected by road, bridge or transport works

43.Works for road purposes likely to affect apparatus in the street
44.Measures necessary where apparatus affected by major works
45.Sharing of cost of necessary measures

Provisions with respect to particular authorities and undertakings

46.Prospective roads
47.Duties of undertaker in relation to bridge authority
48.Duty of undertaker in relation to sewer authority
49.Provisions as to reinstatement of sewers, drains or tunnels.
50.Special precautions as to displaying of lights
51.Works affecting level crossings or tramways

Supplementary provisions

52.Offences
52A.Fixed penalties for certain offences under this Order
53.Recovery of costs or expenses
54.Notices
55.Arbitration
55A.Inquiries
56.Agreements inconsistent with the provisions of this Order
56A.Delegation of functions
57.Consequential amendments of other statutory provisions
58.Crown application
59.Regulations
Article 60—Amendments and repeals

SCHEDULES

SCHEDULE 1
Street Works Licences

Grant of licence

1.Before granting a street works licence the street authority shall...
2.The street authority may require the payment of—

Conditions attached to licence

3.A street authority may attach to a street works licence...
4.Where assignment of a street works licence is permitted, a...

Notice of change of ownership, &c
5.(1) Where the licensee under a street works licence proposes—...

Withdrawal of licence
6.(1) The street authority may by notice in writing served...

Removal of apparatus
7.(1) Where a street works licence expires or is withdrawn...

Obligation of licensee to indemnify street authority
8.(1) The licensee under a street works licence shall indemnify...

Appeal against decision of Department
9.(1) Where the apparatus in respect of which an application...

SCHEDULE 1A
RESTRICTION ON WORKS FOLLOWING SUBSTANTIAL STREET WORKS

Introductory
1.(1) This Schedule applies where a street authority receives a...

Notice by authority of proposed restriction
2.(1) The street authority may publish a notice—

Completion of notified works
3.(1) After the expiry of the notice period the street...

Direction restricting further works
4.(1) After the expiry of the notice period and before...

Effect of direction imposing restriction
5.(1) Where a direction under paragraph 4 is in force,...

Supplementary
6.An undertaker shall be taken not to have failed to...

SCHEDULE 2
Streets With Special Engineering Difficulties

Introductory
1.In this Schedule a “street with special engineering difficulties” means...

Requirement of plan and section

2.(1) In a street with special engineering difficulties street works...
3.Emergency works may be executed without a plan and section...
4.(1) In the case of a street which is not...
5.(1) A relevant authority to which a plan and section...
6.If an undertaker— (a) executes any works in contravention of...

Procedure on submission of plan and section

7.(1) A relevant authority to which there is submitted a...
8.(1) Where a relevant authority gives notice approving the plan...
9.The Department or a bridge authority may not give notice—...

Settlement of plan and section by arbitration

10.(1) The duty of the arbitrator where a matter is...
11.(1) Where the reference relates to the placing, altering or...

Objection to works executed without plan and section being settled
12.(1) This paragraph applies where street works have been executed...

Execution of works in accordance with plan and section
13.(1) An undertaker executing street works in a street with...

SCHEDULE 2A
FIXED PENALTIES FOR CERTAIN OFFENCES

Power to give fixed penalty notices

1.(1) An authorised officer of a street authority may, if...
2.A fixed penalty notice for an offence may not be...

Contents of fixed penalty notice
3.(1) A fixed penalty notice must identify the offence to...

The amount of the penalty and the period for payment
4.(1) The penalty for a fixed penalty offence is (subject...

The discounted amount
5.(1) A discounted amount is payable instead of the amount...

Effect of notice and payment of penalty
6.(1) This paragraph applies where a person is given a...

Power to withdraw notices
7.(1) If the street authority considers that a fixed penalty...

General and supplementary

8.The Department may, with the consent of the Department of...
9.The Department may by regulations— (a) prescribe circumstances in which...
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