Modification of street works provisions in Northern Ireland18B

1

In relation to works in Northern Ireland in exercise of the powers under a wayleave order, the provisions of the Street Works (Northern Ireland) Order 1995 have effect subject to the provisions of this section.

2

The provisions of Schedule 2 to that Order (settlement of plan and section for works in streets with special engineering difficulties) have effect subject as follows—

a

an objection to a plan and section in form shall be disregarded if a Minister certifies that in his opinion it would be against the national interest to submit a plan and section on a larger scale or giving further particulars;

b

no modification of a plan and section shall be made which would involve an unacceptable diversion or change; and

c

a plan and section shall not be disapproved on the ground that there should be such a diversion or change.

3

An arbitrator appointed in pursuance of—

a

paragraph 8(2) of Schedule 2 to that Order (settlement of plan and section in case of works in street with special engineering difficulties), or

b

Article 44(3) of that Order (settlement of necessary measures in case of apparatus affected by certain major works),

shall not provide for an unacceptable diversion or change.

4

In subsections (2) and (3) above an “unacceptable diversion or change” means—

a

a lateral diversion of a government oil pipe-line to which the Minister on whose behalf the works are to be executed does not consent, or

b

a change of the site of accessory works which would necessitate such a diversion.