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Explanatory Memorandum to Street Works (Amendment) (Northern Ireland) Order 2007

Article 16: Power of street authority to require undertaker to re-surface street

Article 16 inserts new Articles 33A, 33B 33C, 33D and 33E into the 1995 Order.  It enables a street authority to require an undertaker to resurface the street or a portion of it.  The works in respect of which a resurfacing notice may be given are limited to works carried out from the time of commencement of this Article.  A resurfacing notice may relieve an undertaker from certain, or all, of his responsibilities in relation to reinstatement but regulations may restrict the extent to which the duty may be relieved.  The new road surface must conform to any prescribed standards for materials and workmanship, as well as any performance standards for a prescribed period after resurfacing.  The Department may issue or approve a code of practice giving practical guidance.

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