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The Street Works (Northern Ireland) Order 1995
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
The Street Works (Northern Ireland) Order 1995, Section 16A is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 13(1)(b) and word inserted by S.I. 2007/287 (N.I.) art. 4(2)(b)
- art. 14(3A)(3B) inserted by S.I. 2007/287 (N.I.) art. 6(1)(b)
- art. 15(8)(9) inserted by S.I. 2007/287 (N.I.) art. 6(2)
- art. 16(1A) inserted by S.I. 2007/287 (N.I.) art. 7(3)
- art. 16(3A) inserted by S.I. 2007/287 (N.I.) art. 7(4)
- art. 18(3)(f) and word inserted by S.I. 2007/287 (N.I.) art. 9(4)
- art. 18(7A) inserted by S.I. 2007/287 (N.I.) art. 9(8)
- art. 19(7) inserted by S.I. 2007/287 (N.I.) art. 11(4)
- art. 27(1A) inserted by S.I. 2007/287 (N.I.) art. 12(2)
- art. 27(2A)-(2C) inserted by S.I. 2007/287 (N.I.) art. 12(3)
- art. 27(4)(c) and word inserted by S.I. 2007/287 (N.I.) art. 12(5)
- art. 30(1A) inserted by S.I. 2007/287 (N.I.) art. 13(2)
- art. 30(3)-(4B) substituted for art. 30(3)(4) by S.I. 2007/287 (N.I.) art. 13(3)
- art. 32(2A)(2B) inserted by S.I. 2007/287 (N.I.) art. 14
- art. 32(3A) inserted by S.I. 2007/287 (N.I.) art. 15(1)(b)
- art. 34(2A) inserted by S.I. 2007/287 (N.I.) art. 18(2)
- art. 34(5A)(5B) inserted by S.I. 2007/287 (N.I.) art. 18(5)
- art. 34(7A) inserted by S.I. 2007/287 (N.I.) art. 18(7)
- art. 39(1A) inserted by S.I. 2007/287 (N.I.) art. 22(2)
- art. 39(2A) inserted by S.I. 2007/287 (N.I.) art. 22(3)
- art. 39(3A) inserted by S.I. 2007/287 (N.I.) art. 22(4)
- art. 40(1A) inserted by S.I. 2007/287 (N.I.) art. 23(3)
- art. 40(2)(2A) substituted for art. 40(2)(3) by S.I. 2007/287 (N.I.) art. 23(4)
- art. 40(5)(6) added by S.I. 2007/287 (N.I.) art. 23(6)
- art. 49(2A) inserted by S.I. 2007/287 (N.I.) art. 15(2)(b)
- art. 59(1A) inserted by S.I. 2007/287 (N.I.) art. 28(3)
Prospective
[F1Power to give directions as to placing of apparatusN.I.
16A.—(1) Where—
(a)an undertaker is proposing to execute street works consisting of the placing of apparatus in a street (“street A”),
(b)placing the apparatus in street A is likely to cause disruption to traffic, and
(c)it appears to the street authority that—
(i)there is another street (“street B”) in which the apparatus could be placed, and
(ii)the conditions in paragraph (2) are satisfied,
the authority may by direction require the undertaker not to place the apparatus in street A (but may not require him to place the apparatus in street B).
(2) The conditions referred to in paragraph (1)(c) are that—
(a)disruption to traffic would be avoided or reduced if the apparatus were to be placed in street B;
(b)placing the apparatus in street B would be a reasonable way of achieving the purpose for which the apparatus is to be placed; and
(c)it is reasonable to require the undertaker not to place the apparatus in street A.
(3) A direction under this Article may be varied or revoked by a further such direction.
(4) The procedure for giving a direction under this Article shall be prescribed.
(5) The Department may by regulations make provision for or in connection with appeals to the planning appeals commission against directions under this Article.
(6) An undertaker who executes works in contravention of a direction under this Article commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this Article.
(8) The Department may issue or approve for the purposes of this Article a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this Article; and in exercising that power street authorities shall have regard to the code of practice.]
F1Art. 16A inserted (prosp.) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 8
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