The Street Works (Northern Ireland) Order 1995 No. 3210 (NI. 19)

Notice and co-ordination of works N.I.

General duty of undertakers to co-operate N.I.

20.—(1) An undertaker shall as regards the execution of street works use his best endeavours to co-operate with the street authority and with other undertakers—

(a) in the interests of safety,

(b) to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and

(c) to protect the structure of the street and the integrity of apparatus in it.

(2) The Department shall issue or approve for the purposes of this Article codes of practice giving practical guidance as to the matters mentioned in paragraph (1); and—

(a) so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that paragraph, and

(b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.

(3) An undertaker who fails to comply with his duty under paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding [F1 level 5] on the standard scale.

F1 Words in art. 20(3) substituted (1.10.2007) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 25(2)(d) (with art. 25(5)); S.R. 2007/365, art. 2, Sch.