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The Street Works (Northern Ireland) Order 1995

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The Street Works (Northern Ireland) Order 1995 is up to date with all changes known to be in force on or before 10 August 2022. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Introduction and interpretation

    1. 1.Title and commencement

    2. 2.General interpretation

    3. 3.Streets and street works

    4. 4.Undertakers

    5. 5.Works for road purposes and major road works

    6. 6.Emergency works

    7. 7.The street authority and other relevant authorities

    8. 8.Interpretation of expressions relating to bridges

    9. 9.Interpretation of expressions relating to sewers

    10. 10.Interpretation of expressions relating to transport

  3. Street works licences

    1. 11.Street works licences

    2. 12.Prohibition of unauthorised street works

    3. 12A.Permit scheme

  4. The street works register

    1. 13.The street works register

    2. 13A.Duty to inspect records

  5. Notice and co-ordination of works

    1. 14.Advance notice of certain works

    2. 15.Notice of starting date of works

    3. 16.Power to give directions as to timing of street works

    4. 16A.Power to give directions as to placing of apparatus

    5. 17.Notice of emergency works

    6. 18.Restriction on works following substantial road works

    7. 18A.Restriction on works following substantial street works

    8. 19.General duty of street authority to co-ordinate works

    9. 20.General duty of undertakers to co-operate

  6. Streets subject to special controls

    1. 21.Protected streets

    2. 22.Supplementary provisions as to designation of protected streets

    3. 23.Streets with special engineering difficulties

    4. 24.Traffic-sensitive streets

  7. General requirements as to execution of street works

    1. 25.Safety measures

    2. 26.Avoidance of unnecessary delay or obstruction

    3. 27.Qualifications of supervisors and operatives

    4. 28.Facilities to be afforded to street authority

    5. 29.Works likely to affect other apparatus in the street

  8. Reinstatement

    1. 30.Duty of undertaker to reinstate

    2. 31.Materials, workmanship and standard of reinstatement

    3. 32.Powers of street authority in relation to reinstatement

    4. 33.Reinstatement affected by subsequent works

  9. Re-surfacing

    1. 33A.Power to require undertaker to re-surface street

    2. 33B.Power to specify timing etc. of re-surfacing

    3. 33C.Materials, workmanship and standard of re-surfacing

    4. 33D.Re-surfacing: regulations

    5. 33E.Re-surfacing: guidance

  10. Inspections

    1. 33F.Guidance about street authority inspections

  11. Charges, fees and contributions payable by undertakers

    1. 34.Charge for occupation of the road where works unreasonably prolonged

    2. 34A.Charge determined by reference to duration of works

    3. 35.Inspection of fees

    4. 36.Liability for cost of temporary traffic regulation

    5. 37.Liability for cost of use of alternative route

    6. 38.Contributions to costs of making good long-term damage

    7. 38A.Contributions to costs of re-surfacing by undertaker

  12. Duties and liabilities of undertakers with respect to apparatus

    1. 39.Records of location of apparatus

    2. 40.Duty to inform undertakers of location of apparatus

    3. 41.Duty to maintain apparatus

    4. 42.Liability for damage or loss caused

  13. Apparatus affected by road, bridge or transport works

    1. 43.Works for road purposes likely to affect apparatus in the street

    2. 44.Measures necessary where apparatus affected by major works

    3. 45.Sharing of cost of necessary measures

  14. Provisions with respect to particular authorities and undertakings

    1. 46.Prospective roads

    2. 47.Duties of undertaker in relation to bridge authority

    3. 48.Duty of undertaker in relation to sewer authority

    4. 49.Provisions as to reinstatement of sewers, drains or tunnels.

    5. 50.Special precautions as to displaying of lights

    6. 51.Works affecting level crossings or tramways

  15. Supplementary provisions

    1. 52.Offences

    2. 52A.Fixed penalties for certain offences under this Order

    3. 53.Recovery of costs or expenses

    4. 54.Notices

    5. 55.Arbitration

    6. 55A.Inquiries

    7. 56.Agreements inconsistent with the provisions of this Order

    8. 56A.Delegation of functions

    9. 57.Consequential amendments of other statutory provisions

    10. 58.Crown application

    11. 59.Regulations

    12. Article 60—Amendments and repeals

  16. SCHEDULES

    1. SCHEDULE 1

      Street Works Licences

      1. Grant of licence

        1. 1.Before granting a street works licence the street authority shall give not less than 10...

        2. 2.The street authority may require the payment of— (a) a reasonable fee in respect of...

      2. Conditions attached to licence

        1. 3.A street authority may attach to a street works licence such conditions as it considers...

        2. 4.Where assignment of a street works licence is permitted, a condition may be attached requiring...

      3. Notice of change of ownership, &c

        1. 5.(1) Where the licensee under a street works licence proposes— (a) to cease using or...

      4. Withdrawal of licence

        1. 6.(1) The street authority may by notice in writing served on the licensee withdraw a...

      5. Removal of apparatus

        1. 7.(1) Where a street works licence expires or is withdrawn or surrendered, the street authority...

      6. Obligation of licensee to indemnify street authority

        1. 8.(1) The licensee under a street works licence shall indemnify the street authority against any...

      7. Appeal against decision of Department

        1. 9.(1) Where the apparatus in respect of which an application for a street works licence...

    2. SCHEDULE 1A

      RESTRICTION ON WORKS FOLLOWING SUBSTANTIAL STREET WORKS

      1. Introductory

        1. 1.(1) This Schedule applies where a street authority receives a notice under Article 14 or...

      2. Notice by authority of proposed restriction

        1. 2.(1) The street authority may publish a notice— (a) specifying the nature and location of...

      3. Completion of notified works

        1. 3.(1) After the expiry of the notice period the street authority may issue directions to—...

      4. Direction restricting further works

        1. 4.(1) After the expiry of the notice period and before completion of the works referred...

      5. Effect of direction imposing restriction

        1. 5.(1) Where a direction under paragraph 4 is in force, an undertaker may not during...

      6. Supplementary

        1. 6.An undertaker shall be taken not to have failed to fulfil any statutory duty to...

    3. SCHEDULE 2

      Streets With Special Engineering Difficulties

      1. Introductory

        1. 1.In this Schedule a “street with special engineering difficulties” means a street for the time...

      2. Requirement of plan and section

        1. 2.(1) In a street with special engineering difficulties street works (other than emergency works) involving—...

        2. 3.Emergency works may be executed without a plan and section being so submitted or settled,...

        3. 4.(1) In the case of a street which is not a road and which the...

        4. 5.(1) A relevant authority to which a plan and section of work is required to...

        5. 6.If an undertaker— (a) executes any works in contravention of paragraph 2, or (b) fails...

      3. Procedure on submission of plan and section

        1. 7.(1) A relevant authority to which there is submitted a plan and section of street...

        2. 8.(1) Where a relevant authority gives notice approving the plan and section subject to modifications,...

        3. 9.The Department or a bridge authority may not give notice— (a) approving a plan and...

      4. Settlement of plan and section by arbitration

        1. 10.(1) The duty of the arbitrator where a matter is referred to arbitration is to...

        2. 11.(1) Where the reference relates to the placing, altering or changing the position of apparatus...

      5. Objection to works executed without plan and section being settled

        1. 12.(1) This paragraph applies where street works have been executed in a street with special...

      6. Execution of works in accordance with plan and section

        1. 13.(1) An undertaker executing street works in a street with special engineering difficulties shall, where...

    4. SCHEDULE 2A

      FIXED PENALTIES FOR CERTAIN OFFENCES

      1. Power to give fixed penalty notices

        1. 1.(1) An authorised officer of a street authority may, if he has reason to believe...

        2. 2.A fixed penalty notice for an offence may not be given after such time relating...

      2. Contents of fixed penalty notice

        1. 3.(1) A fixed penalty notice must identify the offence to which it relates and give...

      3. The amount of the penalty and the period for payment

        1. 4.(1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount,...

      4. The discounted amount

        1. 5.(1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if...

      5. Effect of notice and payment of penalty

        1. 6.(1) This paragraph applies where a person is given a fixed penalty notice in respect...

      6. Power to withdraw notices

        1. 7.(1) If the street authority considers that a fixed penalty notice which has been given...

      7. General and supplementary

        1. 8.The Department may, with the consent of the Department of Finance and Personnel, make regulations...

        2. 9.The Department may by regulations— (a) prescribe circumstances in which fixed penalty notices may not...

    5. Schedule 3—Amendments

    6. Schedule 4—Repeals

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