The Electricity (Northern Ireland) Order 1992

Protection of railway undertaking and canal companies

7.—(1) In the execution of any controlled works, a licence holder shall not in any way cause damage to the railways, tunnels, arches, works or conveniences belonging to any railway undertaking or government department exercising jurisdiction or control over any canal (in this paragraph referred to as a “canal undertaking”), nor obstruct or interfere with the working of the traffic passing along any railway or canal.

(2) Where a licence holder proposes to open or break up any road which—

(a) forms a level crossing; or

(b) crosses over or under any works of a railway or canal undertaking,

the licence holder shall, unless the works are emergency works—

(i) in addition to the notice which he is required to serve under paragraph 2(3), serve a like notice on the undertaking; and

(ii) if and so far as the proposed works are likely to affect the structure of any bridge or other works which are vested in the undertaking, execute the works under the superintendence of the undertaking and in accordance with a plan approved by it.

(3) Any question respecting the plan mentioned in sub-paragraph 2(b)(ii) shall, in default of agreement, be determined by arbitration.

(4) If the undertaking mentioned in sub-paragraph (2)—

(a) fails to attend at the time fixed for the execution of the proposed works, after the notice is served on it as so mentioned;

(b) fails to approve the plan within 7 working days or fails to serve notice within that period on the licence holder requiring him to agree to the appointment of an arbitrator by whom any question which has arisen may be determined; or

(c) refuses or neglects to superintend the operation,

the licence holder may carry out the work specified in the notice without the superintendence of that undertaking.

(5) If the licence holder executes any works in contravention of sub-paragraph (2)(i), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) A licence holder shall do as little damage as possible in the exercise of the powers conferred by this paragraph and shall make compensation for any damage done in the exercise of those powers.

(7) In this paragraph “railway undertaking” means the Northern Ireland Railways Company Ltd.