2.—(1) Subject to Article 15 of the [1980 NI 11] Roads (Northern Ireland) Order 1980 and to the following provisions of this paragraph, for any purpose connected with the carrying on of the activities which he is authorised by his licence to carry on, a licence holder may execute—
(a)the following kinds of works, that is to say, installing under, over, in, on, along or across any road and inspecting, maintaining, adjusting, repairing or altering—
(i)any electric lines or electrical plant; and
(ii)any structures for housing or covering any such lines or plant; and
(b)any works requisite for or incidental to the purposes of any works falling within head (a), including for those purposes—
(i)opening or breaking up any road or any sewers, drains or tunnels within or under any road;
(ii)tunnelling or boring under any road; and
(iii)removing or using all earth and materials in or under any road.
(2) Nothing in this paragraph shall empower a licence holder to lay down or place any electric line or electrical plant into, through or against any building, or in any land not dedicated to the public use without the consent of the owners and occupiers thereof, so, however that a licence holder may alter any existing line or works in or under any land where the line or work has been placed under this Order or any other statutory provisions.
(3) Before commencing to execute any controlled works, the licence holder shall serve notice of not less than 7 working days of his intention to do so on the appropriate department, unless the works are emergency works.
(4) Where any controlled works will involve the installation of any electric lines or electrical plant or structures for housing or covering such lines or plant (not being works consisting solely of the installation of overhead electric lines to be flown from existing poles), one month or, in the case of electric lines, 7 working days before commencing to execute the works the licence holder shall—
(a)serve a notice on the Department of the Environment of his intention to do so; and
(b)give any further information required by that Department;
and the notice mentioned in head (a) shall be in addition to the notice required to be served under sub-paragraph (3).
(5) Where any controlled works will involve the closure of any road and the diversion of traffic from that road onto other roads, 2 months before commencing to execute the works the licence holder shall—
(a)serve a notice on the Department of the Environment of his intention to do so; and
(b)give any further information required by that Department;
and the notice in head (a) shall be in addition to the notices required to be served under sub-paragraphs (3) and (4).
(6) Subject to sub-paragraph (8), the licence holder shall not, unless the works are emergency works, execute any controlled works except—
(a)under the superintendence of the appropriate department; and
(b)in accordance with a plan—
(i)approved by the appropriate department or, as the case may be, the Department of the Environment; or
(ii)where any question respecting the plan has arisen and has not been agreed, determined by arbitration,
and the arbitrator may, on the application of that department, require the licence holder to make such temporary or other works as that department thinks necessary for guarding against any interruption of the drainage during the execution of any works which interfere with the sewer or drain.
(7) If the licence holder contravenes any provision of sub-paragraph (6), he shall make full compensation to the appropriate department or, as the case may be, the Department of the Environment for any loss or damage incurred by that department in consequence of that contravention.
(8) If the appropriate department on which notice is served under sub-paragraph (3) or, as the case may be, the Department of the Environment on which notice is served under sub-paragraph (4)—
(a)fails to attend at the time fixed for the execution of the controlled works, after service of that notice; or
(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 plan shall be deemed to have been approved or the licence holder may carry out the work specified in the notice without the superintendence of that department, as the case may require.
(9) When a licence holder opens or breaks up any road, sewer, drain or tunnel he shall with all convenient speed—
(a)complete the work;
(b)fill in the ground;
(c)reinstate or make good the road, sewer, drain or tunnel; and
(d)carry away the rubbish occasioned thereby,
and, without prejudice to Article 124 of the [1981 NI 1] Road Traffic (Northern Ireland) Order 1981, shall at all times, whilst any road is opened or broken up—
(i)cause it to be fenced or guarded; and
(ii)cause a light sufficient for the warning of vehicles and pedestrians to be set up and maintained at night against or near it; and
(iii)keep it in good repair for 12 months after replacing or making it good.
(10) If a licence holder delays or omits to carry out any work as mentioned in sub-paragraph (9), the appropriate department may cause to be executed the work so delayed or omitted, and the expense of executing that work shall be a debt recoverable summarily by that department from the licence holder.
(11) 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.
(12) If a licence holder commences the execution of any works in contravention of sub-paragraph (3) or (4), 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.
(13) In this paragraph “appropriate department” means—
(a)where any controlled works are to be executed in a road or to a sewer, the Department of the Environment;
(b)where any controlled works are to be executed to a drain under the jurisdiction or control of the Department of Agriculture, that Department.