The Street Works (Northern Ireland) Order 1995

Procedure on submission of plan and section N.I.

7.—(1) A relevant authority to which there is submitted a plan and section of street works proposed to be executed in a street with special engineering difficulties shall give notice to the undertaker— N.I.

(a) approving the plan and section without modification, or

(b) objecting to them in form as being on too small a scale or giving insufficient particulars, or

(c) approving them subject to modifications specified in the notice, or

(d) disapproving them.

(2) The notice shall be given without avoidable delay, and at the latest before the end of the period of—

(a) 7 working days in the case of a plan and section of works relating only to—

(i) a service pipe or service line, or

(ii) overhead electric lines or[F1 electronic communications apparatus], and

(b) one month in any other case;

and as between the undertaker and a relevant authority which does not duly give notice before the end of that period, the plan and section as submitted shall be deemed to have been settled by agreement.

(3) The reference in sub-paragraph (2)(a)(i) to a service pipe or service line is to—

(a) a pipe or line through or by means of which a supply of gas, electricity or water is afforded or intended to be afforded to premises—

(i) directly from premises from which the supply originates, or

(ii) from a main, that is, a pipe or line for affording a general supply;

(b) a pipe through or by means of which sewage services are afforded, or intended to be afforded, which is [F2 not a public sewer]; or

(c) underground[F1 electronic communications apparatus] for the purpose of providing a service by means of[F1 an electronic communications network] to or from particular premises (as opposed to apparatus for the general purposes of such[F1 a network]).

But so much of any such pipe, line or apparatus as is placed or intended to be placed, for a continuous length of 100 metres or more in a road shall be treated as not being a service pipe or service line.

(4) In this paragraph—

• “electric lines” has the same meaning as in Part II of the Electricity (Northern Ireland) Order 1992F3 ;

• [F4 [F5 “electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003;]]

• [F6 “electronic communications network” has the meaning given in section 32 of the Communications Act 2003;]

• F7 ...

F1 2003 c. 21

F2 Words in Sch. 2 para. 7(3)(b) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308, Sch. 12 para. 35(4) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

F3 1992 NI 1

F4 Sch. 7 para. 7(4): definition of "telecommunication apparatus" repealed (25.7.2003 for specified purposes, 29.12.2003 for specified purposes, otherwise prosp.) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19 (with Sch. 18); S.I. 2003/1900, art. 2(1), Sch. 1 (with art. 3(1)); S.I. 2003/3142, art. 3(2)

F5 Words in Sch. 2 para. 7(4) substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 15(2)(a)

F6 Words in Sch. 2 para. 7(4) inserted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 15(2)(c)

F7 Words in Sch. 2 para. 7(4) omitted (28.12.2017) by virtue of The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 4 para. 15(2)(b)

8.—(1) Where a relevant authority gives notice approving the plan and section subject to modifications, or disapproving the plan and section, it shall state its reasons for doing so. N.I.

(2) If a relevant authority duly gives notice—

(a) objecting to the plan and section in form, or

(b) approving them subject to modifications to which the undertaker does not agree, or

(c) disapproving them,

then, unless the notice is withdrawn, the undertaker may refer the matter to arbitration.

(3) If the notice is withdrawn, the plan and section as submitted shall be deemed to have been settled by agreement between the relevant authority and the undertaker.

9.  The Department or a bridge authority may not give notice— N.I.

(a) approving a plan and section subject to modifications, or

(b) disapproving a plan and section,

on grounds other than such as relate to the injurious effect of the proposed works on its sewer or, as the case may be, on the structure or stability of its bridge.