Street Works (Reinstatement) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prescribe the requirements for the specification of materials to be used and the standards of workmanship to be observed by undertakers when reinstating streets in which they have executed street works in accordance with their duty under Article 30(1) of the Street Works (Northern Ireland) Order 1995 (“the Order”).

An undertaker executing street works is required when reinstating the street to comply with specified requirements as to materials to be used (regulation 3(1) and (2)) and standards of workmanship to be observed (regulation 3(1) and (3)). The specified requirements are prescribed by reference to the Code of Practice (“the Code”) issued by the Department under Article 31(3) of the Order. Different requirements are specified for different types of street (regulation 2) and special provision is made for streets carrying very heavy traffic where the materials and standards of workmanship are to be agreed between the Department and the undertaker (regulation 2(3)) and for street works classified as immediate works (regulation 7).

Performance standards are prescribed by reference to the Code (regulation 5). It is provided that compliance by an undertaker with the Code or his failure to do so shall amount to compliance with his duties under Article 31 of the Order or be evidence of his failure to comply (regulation 8). There is provision for the extension by agreement between the undertaker and the Department of the period for the completion of permanent reinstatement where an interim reinstatement has been carried out (regulation 9).

The Code of Practice entitled “Specification for the Reinstatement of Openings in Roads” is published by The Stationery Office Ltd. and may be obtained from the Stationery Office Bookshop, 16 Arthur Street, Belfast, BT1 4GD.

These Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (O.J. No. L204, 21.07.98, p. 37-48) as amended by Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 05.08.98, p. 18-26). Copies of the Directives can be obtained from the Stationery Office Bookshop, 16 Arthur Street, Belfast, BT1 4GD.