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Private Streets (Northern Ireland) Order 1980

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Street works executed in the course of other works by the DepartmentN.I.

19.—(1) Where, in order to make a street conform to the requirements for it to be declared to be a public road under Article 9, works are required which include works other than street works and—

(a)the street is declared to be a public road under Article 9; and

(b)works (including street works) are carried out by the Department as soon as possible thereafter;

then, notwithstanding anything to the contrary in any statutory provision, the declaration of the street to be a public road and the carrying out of works as aforesaid shall not relieve any person of liability for the expenses of any street works included in such works, and the amount of that liability shall not be greater or less than it would have been if works other than street works had not been carried out.

(2) Notwithstanding that a notice has not been served under Article 11, any street works which are included in works carried out by the Department as aforesaid but in respect of which a notice could have been served by the Department under that Article shall be deemed to be street works carried out by the Department, and the expenses of those street works shall be deemed to be expenses incurred by the Department under Article 13 and shall be recoverable accordingly.

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