- Latest available (Revised)
- Original (As made)
The Street Works (Northern Ireland) Order 1995
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Status:
This version of this schedule contains provisions that are prospective.
Status
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:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
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, SCHEDULE 2A is up to date with all changes known to be in force on or before 23 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.
Changes to Legislation
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
[F1SCHEDULE 2AN.I.FIXED PENALTIES FOR CERTAIN OFFENCES
F1Sch. 2A inserted (prosp.) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 24(2), Sch. 2
Power to give fixed penalty noticesN.I.
1.—(1) An authorised officer of a street authority may, if he has reason to believe that a person is committing or has committed a fixed penalty offence, give him a fixed penalty notice in relation to that offence.N.I.
(2) In this Schedule “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.
2. A fixed penalty notice for an offence may not be given after such time relating to the offence as may be prescribed.N.I.
Contents of fixed penalty noticeN.I.
3.—(1) A fixed penalty notice must identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence.N.I.
(2) A fixed penalty notice must also state—
(a)the amount of the penalty and the period within which it may be paid;
(b)the discounted amount and the period within which it may be paid;
(c)the person to whom and the address at which payment may be made;
(d)the method or methods by which payment may be made;
(e)the person to whom and the address at which any representations relating to the notice may be addressed;
(f)the consequences of not making a payment within the period for payment.
(3) The person specified under sub-paragraph (2)(c) must be the street authority or a person acting on its behalf.
The amount of the penalty and the period for paymentN.I.
4.—(1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount, not exceeding 30 per cent. of the maximum fine for that offence, as may be prescribed.N.I.
(2) The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.
(3) The street authority may extend the period for paying the penalty in any particular case if the authority considers it appropriate to do so.
The discounted amountN.I.
5.—(1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if payment is made before the end of the period of 15 days beginning with the day on which the notice is given.N.I.
(2) The discounted amount for a fixed penalty offence is such amount, not exceeding 25 per cent. of the maximum fine for the offence, as may be prescribed.
(3) If the last day of the period specified in sub-paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day.
Effect of notice and payment of penaltyN.I.
6.—(1) This paragraph applies where a person is given a fixed penalty notice in respect of a fixed penalty offence.N.I.
(2) No proceedings for the offence may be commenced before the end of the period for payment of the penalty.
(3) No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the street authority after that time.
(4) Payment of the discounted amount only counts for the purposes of sub-paragraph (3) if it is made before the end of the period for payment of the discounted amount.
(5) In proceedings for the offence a certificate which—
(a)purports to be signed by or on behalf of the person having responsibility for the financial affairs of the street authority; and
(b)states that payment of an amount specified in the certificate was or was not received by a date so specified,
is evidence of the facts stated.
Power to withdraw noticesN.I.
7.—(1) If the street authority considers that a fixed penalty notice which has been given ought not to have been given, it may give to the person to whom it was given a notice withdrawing the fixed penalty notice.N.I.
(2) Where a notice under sub-paragraph (1) is given—
(a)the authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and
(b)no proceedings shall be commenced or continued against that person for the offence in question.
(3) The street authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.
General and supplementaryN.I.
8. The Department may, with the consent of the Department of Finance and Personnel, make regulations about—N.I.
(a)the application by street authorities (other than the Department) of fixed penalties paid under this Schedule;
(b)the keeping by such authorities of accounts, and the preparation and publication of statements of account, relating to fixed penalties paid under this Schedule.
9. The Department may by regulations—N.I.
(a)prescribe circumstances in which fixed penalty notices may not be given;
(b)modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there;
(c)prescribe the method or methods by which penalties may be paid.]
Options/Help
Print Options
PrintThe Whole Order
PrintThis Schedule only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.