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The Street Works (1995 Order) (Commencement No. 3) Order (Northern Ireland) 1998
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- Northern Ireland Statutory Rules
- 1998 No. 196 (C. 7)
- Explanatory Note
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Explanatory Note
(This note is not part of the Order.)
This Order brings into operation on 1st June 1998 Article 43 and Article 44(1), (3), (4) and (5) of the Street Works (Northern Ireland) Order 1995.
Article 43 requires a person executing works for road purposes, other than major road works, which are likely to affect apparatus in the street, to give the owner of that apparatus reasonable facilities to monitor the execution of the works and to comply with any requirement of the owner for protection of the apparatus or for securing access to it.
Where an authority other than the Department fails to comply it shall be an offence.
Article 44(1), (3), (4) and (5) places a requirement on an authority carrying out or planning major road works, major bridge works or major transport works and the owners of apparatus which may be affected by those works to identify any measures necessary to protect the apparatus; agree a specification of those measures and by whom they should be taken and to co-ordinate the taking of those measures and the execution of the works.
Any cases of dispute which arise are to be settled by arbitration.
Schedule 3, paragraph 33(b) makes a consequential amendment to the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)).
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