Statutory Rule 1997 No. 215 (C. 11)

The Street Works (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1997

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© Crown Copyright 1997

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1997 No. 215 (C. 11)

ROADS

The Street Works (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1997

The Department of the Environment, in exercise of the powers conferred on it by Article 1(2) of the Street Works (Northern Ireland) Order 1995^[1] and paragraph 2(1) of Schedule 1 to the Northern Ireland Act 1974^[2] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation
    1.    This Order may be cited as the Street Works (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1997.

Appointed day
    2.    The day appointed for the coming into operation of Article 25(1), (2), (4), (5) and (6) of the Street Works (Northern Ireland) Order shall be 13th April 1997.

Sealed with the Official Seal of the Department of the Environment on


J. Carlisle

Assistant Secretary

11th April 1997.

This Order brings into operation on 13th April 1997 paragraphs (1), (2), (4), (5) and (6) of Article 25 of the Street Works (Northern Ireland) Order 1995.

Sub-paragraph (1) requires undertakers of street works to secure that their works are adequately guarded, lit and signed for the guidance of those using the street. Sub-paragraph (2) places a duty on undertakers to comply with any directions issued by the Department regarding the placing, maintenance or operation of traffic signs in relation to their works. Sub-paragraph (4) makes it an offence for undertakers not to comply with their duties under sub-paragraphs (1) or (2).

Sub-paragraph (5) enables a street authority to take such steps as it considers necessary where it considers that an undertaker has failed to comply with his duties and to recover its reasonable costs in so doing. Sub-paragraph (6) makes it an offence for any person without lawful authority or excuse to take down, alter or remove any fence, barrier, traffic sign, or light placed in connection with the execution of street works or to extinguish a light so placed.

The following provisions of the Street Works (Northern Ireland) Order 1995 have been brought into operation on 3rd June 1996 by the Street Works (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1996 (S.R. 1996 No. 223 (C. 10))—

Articles 1 to 10,

Article 13(4),

Article 16(2) and (4),

Article 18,

Article 19(3),

Article 20(2),

Article 22,

Article 25(3),

Articles 26 to 31,

Articles 35 to 38,

Article 41(3) and (4),

Article 44(2),

Articles 45 and 46,

Article 50,

Articles 52 to 55,

Articles 57 to 59.

Paragraphs 2, 3, 9 and 33(a) of Schedule 3 and Article 60(1) in so far as it relates to them. Schedule 4 and Article 60(2) in so far as relating to paragraph 1(5) of Schedule 2 to the Telecommunications Act 1984.

[1] S.I. 1995/3210 (N.I. 19) back

[2] 1974 c. 28 back