Works for the improvement of a public road joined by a private streetN.I.
4.—(1) In Article 3 of the principal Order after paragraph (4) there shall be inserted the following paragraphs—
“(4A) Where street planning functions are exercisable by the Department in relation to a street which joins an existing public road, the Department may, subject to paragraph (4B), attach to any determination under this Article in respect of that street a requirement that such works as the Department considers necessary for the improvement of that public road are carried out in accordance with an agreement under paragraph (4C).
(4B) Works required under paragraph (4A) for the improvement of a public road shall be works which are either—
(a)within the boundary of that road; or
(b)on land owned by the Department.
(4C) The Department may enter into an agreement under seal with any person—
(a)for the carrying out at the expense of that person of works required under paragraph (4A); and
(b)for the issue of a certificate by the Department when those works have been completed in accordance with the agreement and the terms and conditions of the agreement have been duly complied with.
(4D) An agreement under paragraph (4C) between the Department and any other person—
(a)shall contain such detailed provisions as to the nature of the works to be carried out as the Department thinks fit; and
(b)may include provision for ensuring that, for such period as may be specified in the agreement, any defects in those works shall be remedied by, and at the expense of, that person.
(4E) The person with whom the Department enters into an agreement under paragraph (4C) shall secure the due performance of the agreement by means of a guarantee bond or by any other means acceptable to the Department.
(4F) A certificate issued by the Department under paragraph (4C)(b) in respect of any works shall be conclusive for all purposes of this Order that those works have been carried out in accordance with the agreement.
(4G) In paragraph (4A) “improvement” has the same meaning as in Article 23 of the Roads (Northen Ireland) Order 1980.”.
(2) In Article 7(2) of the principal Order at the beginning there shall be inserted the words “Subject to paragraph (2A),” and after that paragraph there shall be inserted the following paragraph—
“(2A) Where a requirement mentioned in Article 3(4A) is attached to a determination given under Article 3(1) in respect of a street, the Department shall not issue a preliminary certificate under paragraph (2) unless the Department is satisfied that that requirement has been complied with.”.
(3) Article 8 of the principal Order shall be renumbered as paragraph (1) of that Article, in that paragraph after the words “Subject to” there shall be inserted the words “paragraph (2) and” and after that paragraph there shall be added the following paragraph—
“(2) Where a requirement mentioned in Article 3(4A) is attached to a determination given under Article 3(1) in respect of a street, the Department shall not declare the street to be a public road under paragraph (1) unless the Department is satisfied that that requirement has been complied with.”.
Para.4 rep. by 1993 NI 15