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Charges, fees and contributions payable by undertakers

Liability for cost of temporary traffic regulation

36.—(1) Where, by reason of street works, restrictions or prohibitions are imposed under Article 25 of the Road Traffic (Northern Ireland) Order 1981—

(a)by the Department on the use of any road, or

(b)by a concessionaire by virtue of Article 25(4) of the Roads Order, on the use of any road subject to a concession,

the Department or concessionaire may recover from the undertaker the whole of the costs incurred by the Department or concessionaire, as the case may be, in connection with or in consequence of the imposition of such restrictions or prohibitions.

(2) Those costs shall be taken to include, in particular, the cost to the Department or concessionaire—

(a)of complying with any requirement to notify the public of any matter in connection with such restrictions or prohibitions, and

(b)of providing traffic signs in connection with such restrictions or prohibitions.

(3) In this Article and Article 38 “concessionaire” and “road subject to a concession” have the same meaning as in Part III of the Roads Order.