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The Street Works (1995 Order) (Commencement No. 4) Order (Northern Ireland) 1999

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Statutory Rules of Northern Ireland

1999 No. 27 (C. 3)

ROADS

STREET WORKS

The Street Works (1995 Order) (Commencement No. 4) Order (Northern Ireland) 1999

Made

25th January 1999

The Department of the Environment, in exercise of the powers conferred on it by Article 1(2) of the Street Works (Northern Ireland) Order 1995(1) and paragraph 2(1) of Schedule 1 to the Northern Ireland Act 1974(2) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Street Works (1995 Order) (Commencement No. 4) Order (Northern Ireland) 1999.

(2) In this Order “the Order” means the Street Works (Northern Ireland) Order 1995.

Appointed day

2.  The day appointed for the coming into operation of the provisions of the Order specified in the Schedule shall be 1st February 1999.

Sealed with the Official Seal of the Department of the Environment on

L.S.

J. Carlisle

Assistant Secretary

25th January 1999.

Article 2

SCHEDULEProvisions of the Order for which 1st February 1999 is appointed as the day of coming into operation

Provisions of the OrderSubject matter
Article 28Facilities to be afforded to street authority.
Article 32Powers of street authority in relation to reinstatement.
Article 33Reinstatement affected by subsequent works.
Article 49Provisions as to reinstatement of sewers, drains or tunnels.
Article 56Agreements inconsistent with the provisions of this Order.

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 1st February 1999 Articles 28, 32, 33, 49 and 56 of the Street Works (Northern Ireland) Order 1995 (“the Order”).

Article 28 requires undertakers executing street works to afford the street authority reasonable facilities to carry out its functions as to inspection etc. of works and makes it an offence to fail to afford such facilities.

Article 32 provides the necessary powers for the street authority to inspect undertakers' reinstatements, carry out certain investigatory works, require defects to be remedied by the undertaker, and in certain circumstances, to do remedial work itself and recover its costs from the undertaker.

Article 33 sets out the effects on the duty placed on undertakers by Article 31(2) of the Order where a reinstatement is affected by subsequent works.

Article 49 makes provision in certain circumstances for reinstatement by undertakers of sewers, drains or tunnels.

Article 56 provides that provisions of an agreement which are inconsistent with the provisions of the Order shall have no effect.

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provisions of the Street Works (Northern Ireland) Order 1995 have been brought into operation by earlier commencement orders as from the dates shown.

ProvisionDate of CommencementS.R. Number
Articles 1 to 103rd June 1996S.R. 1996 No. 223 (C. 10)
Article 13(4)3rd June 1996S.R. 1996 No. 223 (C. 10)
Article 16(2) and (4)3rd June 1996S.R. 1996 No. 223 (C. 10)
Article 183rd June 1996S.R. 1996 No. 223 (C. 10)
Article 19(3)3rd June 1996S.R. 1996 No. 223 (C. 10)
Article 20(2)3rd June 1996S.R. 1996 No. 223 (C. 10)
Article 223rd June 1996S.R. 1996 No. 223 (C. 10)
Article 25(1), (2), (4), (5) and (6)13th April 1997S.R. 1996 No. 223 (C. 11)
Article 25(3)3rd June 1996S.R. 1996 No. 223 (C. 10)
Articles 26 to 313rd June 1996S.R. 1996 No. 223 (C. 10)
Articles 35 to 383rd June 19961S.R. 996 No. 223 (C. 10)
Article 41(3) and (4)3rd June 1996S.R. 1996 No. 223 (C. 10)
Article 431st June 1998S.R. 1998 No. 196 (C. 7)
Article 44(1), (3), (4) and (5)1st June 1998S.R. 1998 No. 196 (C. 7)
Article 44(2)3rd June 1996S.R. 1996 No. 223 (C. 10)
Articles 45 and 463rd June 1996S.R. 1996 No. 223 (C. 10)
Article 503rd June 1996S.R. 1996 No. 223 (C. 10)
Articles 52 to 553rd June 1996S.R. 1996 No. 223 (C. 10)
Articles 57 to 593rd June 1996S.R. 1996 No. 223 (C. 10)
Paragraphs 2, 3, 9 and 33(a) of Schedule 3 and Article 60(1) so far as it relates to them.3rd June 1996S.R. 1996 No. 223 (C. 10)
Schedule 3 in respect of paragraph 33(b) and Article 60(1) so far as it relates to that paragraph1st June 1998S.R. 1998 No. 196 (C. 7)
Schedule 4 and Article 60(2) in so far as it is necessary to effect the repeal of paragraph 1(5) of Schedule 2 to the Telecommunications Act 19843rd June 1996S.R. 1996 No. 223 (C. 10)

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