The Roads (Northern Ireland) Order 1993

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

F2 (2) In this Order—

• “bridge” includes a footbridge;

• “building” includes any erection of whatsoever material in whatsoever manner constructed, any part of a building, and any addition to an existing building;

• “carriageway” means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles;

• “classified road” means a road classified in accordance with Article 13;

• “the Department” means the Department of the Environment;

• F3 “the Electricity Order” means the Electricity (Northern Ireland) Order 1992;

• “fence” includes a paling;

• “footway” means a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only;

• “maintenance compound” means an area (with or without buildings) used or to be used in connection with the maintenance of roads or a particular road;

• “navigable waters” and “navigable watercourse” means waters and a watercourse, respectively, over which a public right of navigation exists;

• F4 “operator”, in relation to a telecommunications code system, has the same meaning as in Schedule 4 to the Telecommunications Act 1984;

• [F5 “owner” in relation to land, means any person for the time being receiving or entitled to receive the rack rent of any land, whether on his own account or as agent or trustee for another or who, if the land were let at a rack rent, would so receive or be entitled to receive that rent]

• “planning permission” means planning permission granted under [F2 section 45(1) of the Planning Act (Northern Ireland) 2011] ;

• F6 “the Planning Order” means the Planning (Northern Ireland) Order 1991;

• “proposed road” means land upon which the Department is for the time being constructing or intending to construct a road or part of a road in accordance with plans made by it;

• [F7 “protected street” has the same meaning as in Article 21 of the Street Works Order;]

• “road” means a public road, that is to say a road which is maintainable by the Department, and includes—

  (a)

  a road over which the public have a right of way on foot only, not being a footway;

  (b)

  any part of a road; and

  (c)

  any bridge or tunnel over or through which a road passes;

  and “special road” and “trunk road” shall be construed accordingly;

• F8 “the Road Traffic Order” means the Road Traffic (Northern Ireland) Order 1981;

• “service area” means an area of land adjoining, or in the vicinity of, a special road, being an area in which there are, or are to be provided, service stations or other buildings or facilities to be used in connection with the use of the special road;

• “special road” means a road designated as a special road under Article 15 and includes all land vested in or held by the Department for the purposes of its functions under Part III in connection with that road;

• “statutory power” means a power conferred by or in accordance with this Order or any other statutory provision;

• F9 “statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

• “statutory undertaker” means—

  (a)

  [F10 a universal service producer (within the meaning of [F11 Part 3 of the Postal Services Act 2011]) in connection with the provision of a universal postal service (within the meaning of [F12 that Part])]

  (b)

  F13 the railway undertaking within the meaning of the Transport Act (Northern Ireland) 1967;

  (c)

  [F14 a holder of a licence under Article 8 of the Gas (NI) Order 1996;]

  (cc)

  [F15 a water undertaker or a sewerage undertaker;]

  (d)

  any body or person authorised by any statutory provision to carry on any harbour or dock undertaking;

  (e)

  any other body or person prescribed by regulations made by the Department;

• [F7 “street works licence” means a licence under Article 11 of the Street Works Order;

• “the Street Works Order” means the Street Works (Northern Ireland) Order 1995;]

• “swing bridge” includes a bridge which opens by any mechanical means;

• “transferred provision” has the same meaning as in section 1(g) of the Interpretation Act (Northern Ireland) 1954;

• “trunk road” means a road designated as a trunk road under Article 14;

• “wall” includes any partition of whatsoever material constructed and any bank;

• Definitions rep. by 2003 c. 21

F1 1954 c. 33 (N.I.)

F2 Words in art. 2(2) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 65 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 as amended (16.3.2016) by S.R. 2016/159, art. 2)

F3 1992 NI 1

F4 1984 c. 12

F5 Art. 2(2): definition of "owner" substituted (1.4.2007) by Rates (Consequential Provisions) Order (Northern Ireland) 2007 (S.R. 2007/192), art. 2(1), Sch. 1 para. 7

F6 1991 NI 11

F7 1995 NI 19

F8 1981 NI 1

F9 1954 c. 33 (N.I.)

F10 SI 2001/1149

F11 Art. 2(2): words in definition of "statutory undertaker" substituted (1.10.2011) by virtue of Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 5(1), Sch. 1 para. 27(a)

F12 Art. 2(2): words in definition of "statutory undertaker" substituted (1.10.2011) by virtue of Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085), art. 5(1), Sch. 1 para. 27(b)

F13 1967 c. 37 (N.I.)

F14 1996 NI 2

F15 Art. 2(2): in definition of "statutory undertaker" paragraph (cc) added (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 33 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with transitional, transitory and saving provisions in art. 3, Sch. 2)