The Street Works (Northern Ireland) Order 1995

The street works registerN.I.

The street works registerN.I.

13.—(1) The Department shall keep a register showing with respect to each street such information as may be prescribed with respect to the street works, and such other descriptions of works as may be prescribed, executed or proposed to be executed in the street.

(2) The register shall contain such other information, and shall be kept in such form and manner, as may be prescribed.

(3) The Department shall make the register available for inspection, at all reasonable hours and free of charge—

(a)so far as it relates to restricted information, by any person having authority to execute works of any description in the street, or otherwise appearing to the Department to have a sufficient interest, and

(b)so far as it relates to information which is not restricted, by any person.

The Department may make provision by regulations as to the information which is restricted for the purposes of this paragraph.

(4) The Department may by regulations make provision with respect to any register kept in pursuance of this Article—

(a)requiring the registration of such information as may be prescribed, and

(b)requiring the payment of such fee as may be prescribed in respect of the registration of information of any prescribed description;

and the regulations may contain provision as to the person responsible for securing the registration of the information and the person liable to pay the fee.

Prospective

[F1Duty to inspect recordsN.I.

13A.—(1) The Department may make provision by regulations requiring an undertaker proposing to execute street works of a prescribed description to inspect prescribed statutory records before commencing the street works.

(2) The regulations may provide for the manner in which an inspection of any statutory records is to be carried out.

(3) The regulations may prescribe evidence which may be relied on by the undertaker to demonstrate that he has carried out an inspection required by the regulations.

(4) The regulations may in particular require the undertaker—

(a)to be in possession of prescribed evidence before commencing the street works; and

(b)to produce, in such manner as may be prescribed, prescribed evidence to the street authority either at the request of the authority or at or by such time as may be prescribed.

(5) The regulations may provide for the cases or circumstances in which a requirement under paragraph (1) or (4) does or does not apply.

(6) The regulations may create a summary offence, punishable with a fine not exceeding level 5 on the standard scale, in respect of any contravention by an undertaker of a requirement of the regulations.

(7) In this Article “statutory record” means any register or other record kept in pursuance of a requirement imposed by—

(a)a statutory provision; or

(b)a licence or other instrument having effect under or by virtue of a statutory provision.]