Introductory

Title and commencement

1.—(1) This Order may be cited as the Street Works (Amendment) (Northern Ireland) Order 2007.

(2) This Article and Article 2 come into operation one week after the day on which this Order is made.

(3) The remaining provisions of this Order come into operation on such day or days as the Department for Regional Development may by order appoint.

(4) An order under paragraph (3) may contain such transitional or saving provisions as the Department thinks appropriate.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order “the 1995 Order” means the Street Works (Northern Ireland) Order 1995 (NI 19).

Permit scheme

Permit scheme

3.  In the 1995 Order after Article 12 there is inserted—

“Permit scheme

12A.—(1) The Department may by regulations make provision for, or in connection with, a scheme (a “permit scheme”) which is designed to control the carrying out of specified street works in specified streets.

(2) The permit scheme may (in particular) include provision—

(a) for or in connection with requiring a permit to be obtained before specified street works are carried out (including provision as to the persons who are required to obtain permits),

(b) for or in connection with the issue of permits (including provision with respect to applications for permits, provision for cases in which there is to be an entitlement to the issue of a permit and provision with respect to cases in which permits are to be deemed to be issued),

(c) as to cases in which specified street works may be carried out without a permit,

(d) for or in connection with the imposition of conditions which are to apply in relation to the carrying out of specified street works (including provision for or in connection with the attachment of such conditions to permits),

(e) for or in connection with the review or variation of permits or such conditions (including provision with respect to applications for such variations);

(f) disapplying or modifying statutory provisions to the extent specified.

(3) Regulations under this Article may make provision—

(a) as to the criteria to be taken into account in the case of decisions with respect to the issue, review or variation of permits or decisions with respect to the imposition, review or variation of conditions under the scheme,

(b) for or in connection with the determination, or facilitating the determination, of disputes (including provision with respect to the appointment of persons to determine, or facilitate the determination of, disputes),

(c) for or in connection with appeals to the planning appeals commission,

(d) as to the action which may be taken if works are carried out without a permit or if any conditions are not complied with,

(e) for or in connection with the creation, in prescribed cases (including prescribed cases where works are carried out without a permit or in breach of any conditions), of a criminal offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale,

(f) for or in connection with excluding or limiting the liability of prescribed undertakers in prescribed cases.

(4) Regulations under this Article may make provision for or in connection with the giving of fixed penalty notices (including, in particular, provision applying Schedule 2A with or without modifications) in relation to any offence created by the regulations; and for this purpose “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence by payment of a penalty.

(5) Regulations under this Article may make provision for or in connection with the payment of a fee in respect of any one or more of the following—

(a) an application for a permit,

(b) the issue of a permit,

(c) an application for the variation of a permit or the conditions attached to a permit,

(d) the variation of a permit or the conditions attached to a permit.

(6) Provision made under paragraph (5) may include provision as to—

(a) the amount or maximum amount of any fee,

(b) cases in which fees are not to be payable or are to be repaid,

(c) cases in which fees may be discounted,

(d) the time and manner of making payment of fees,

(e) the application of sums paid by way of fees.

(7) Regulations under this Article may make provision—

(a) for or in connection with the creation and maintenance of a register of permits,

(b) with respect to access to information contained in any such register (including provision restricting such access).

(8) The first regulations under this Article may not be made unless a draft of them has been laid before and approved by a resolution of the Assembly.

(9) In this Article “specified” means specified, or of a description specified, in the permit scheme.

Registers and records

The street works register

4.—(1) Article 13 of the 1995 Order (the street works register) is amended as follows.

(2) In paragraph (1)—

(a) after “respect to” (in the second place they appear) there is inserted “(a)”; and

(b) at the end there is added

• “; and

  (b)

  such descriptions of—

  (i)

  apparatus placed, or proposed to be placed, in the street,

  (ii)

  builders' skips (within the meaning of Article 96 of the Roads Order), or of building materials, rubbish or other things deposited, or proposed to be deposited, in the street; or

  (iii)

  scaffolding or other structures which are erected, or proposed to be erected, in the street,

  as may be prescribed.”.

Duty to inspect records

5.—(1) After Article 13 of the 1995 Order (the street works register) there is inserted—

“Duty to inspect records

13A.—(1) The Department may make provision by regulations requiring an undertaker proposing to execute street works of a prescribed description to inspect prescribed statutory records before commencing the street works.

(2) The regulations may provide for the manner in which an inspection of any statutory records is to be carried out.

(3) The regulations may prescribe evidence which may be relied on by the undertaker to demonstrate that he has carried out an inspection required by the regulations.

(4) The regulations may in particular require the undertaker—

(a) to be in possession of prescribed evidence before commencing the street works; and

(b) to produce, in such manner as may be prescribed, prescribed evidence to the street authority either at the request of the authority or at or by such time as may be prescribed.

(5) The regulations may provide for the cases or circumstances in which a requirement under paragraph (1) or (4) does or does not apply.

(6) The regulations may create a summary offence, punishable with a fine not exceeding level 5 on the standard scale, in respect of any contravention by an undertaker of a requirement of the regulations.

(7) In this Article “statutory record” means any register or other record kept in pursuance of a requirement imposed by—

(a) a statutory provision; or

(b) a licence or other instrument having effect under or by virtue of a statutory provision.”.

Notice and co-ordination of works

Notices of street works

6.—(1) In Article 14 of the 1995 Order (advance notice of certain works)—

(a) in paragraph (2) for “contain such” there is substituted “state the date on which it is proposed to begin the works and shall contain such other”;

(b) after paragraph (3) there is inserted—

“(3A) If an undertaker who has given advance notice under this Article has not, before the starting date specified in the notice, given to the street authority a notice under Article 15 in respect of the works, he shall within such period as may be prescribed give to that authority a notice containing such information as may be prescribed.

(3B) An advance notice under this Article shall cease to have effect in relation to the proposed works (so that paragraph (1) applies again in relation to the works) if those works are not substantially begun before the end of such period beginning with the starting date specified in the notice as may be prescribed, or such further period as the street authority may allow.”.

(2) In Article 15 of that Order (notice of starting date of works) after paragraph (7) there is inserted—

“(8) If a notice under this Article ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this Article was required to be given.

(9) An undertaker who fails to give notice in accordance with paragraph (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”.

(3) In Article 51 of that Order (works affecting level crossings or tramways) in paragraph (2) for “(7)” there is substituted “(9)”.

Directions relating to timing of street works

7.—(1) Article 16 of the 1995 Order (power to give directions as to timing of street works) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (b), after “at certain times” there is inserted “or on certain days (or at certain times on certain days)”;

(b) after “the times” there is inserted “or days (or both)”.

(3) After paragraph (1) there is inserted—

“(1A) Where it appears to a street authority—

(a) that subsisting street works are causing or are likely to cause serious disruption to traffic, and

(b) that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),

the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.”.

(4) After paragraph (3) there is inserted—

“(3A) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this Article.”.

Directions as to placing of apparatus

8.  In the 1995 Order, after Article 16 there is inserted—

“Power to give directions as to placing of apparatus

16A.—(1) Where—

(a) an undertaker is proposing to execute street works consisting of the placing of apparatus in a street (“street A”),

(b) placing the apparatus in street A is likely to cause disruption to traffic, and

(c) it appears to the street authority that—

(i) there is another street (“street B”) in which the apparatus could be placed, and

(ii) the conditions in paragraph (2) are satisfied,

the authority may by direction require the undertaker not to place the apparatus in street A (but may not require him to place the apparatus in street B).

(2) The conditions referred to in paragraph (1)(c) are that—

(a) disruption to traffic would be avoided or reduced if the apparatus were to be placed in street B;

(b) placing the apparatus in street B would be a reasonable way of achieving the purpose for which the apparatus is to be placed; and

(c) it is reasonable to require the undertaker not to place the apparatus in street A.

(3) A direction under this Article may be varied or revoked by a further such direction.

(4) The procedure for giving a direction under this Article shall be prescribed.

(5) The Department may by regulations make provision for or in connection with appeals to the planning appeals commission against directions under this Article.

(6) An undertaker who executes works in contravention of a direction under this Article commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this Article.

(8) The Department may issue or approve for the purposes of this Article a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this Article; and in exercising that power street authorities shall have regard to the code of practice.”.

Restriction on works following substantial road works

9.—(1) Article 18 of the 1995 Order (restriction on works following substantial road works) is amended as specified in paragraphs (2) to (8).

(2) In paragraph (1), for the words “12 months” there is substituted “prescribed period”.

(3) In paragraph (2), after “prescribed” there is inserted “form and” and for “3 months” there is substituted “such period as may be prescribed”.

(4) In paragraph (3) after sub-paragraph (e) there is inserted

• “and

  (f)

  any other person of a prescribed description;”

• (and the word “and” after sub-paragraph (d) is omitted).

(5) In paragraph (4), for sub-paragraphs (a) and (b) there is substituted “within such period as may be prescribed”.

(6) In paragraph (6), at the beginning of sub-paragraph (b) there is inserted “if he is convicted of an offence under this paragraph”.

(7) In paragraph (7), for “by arbitration” there is substituted “in the prescribed manner”.

(8) After that paragraph there is inserted—

“(7A) Regulations under paragraph (7) may in particular make provision for the question referred to in that paragraph to be settled—

(a) by arbitration;

(b) by the planning appeals commission on appeal by the undertaker.”.

Restriction on works following substantial street works

10.—(1) After Article 18 of the 1995 Order there is inserted—

“Restriction on works following substantial street works

18A.  Schedule 1A shall have effect.”.

(2) After Schedule 1 to that Order there is inserted Schedule 1A as set out in Schedule 1 to this Order.

(3) In Article 17 of that Order (notice of emergency works)—

(a) in paragraph (1) after “works)” there is inserted “or paragraph 2(1)(d) or 3(1) of Schedule 1A (notification of proposed works or directions as to timings of works)”;

(b) in paragraph (2) after “is” there is inserted “(or would, but for paragraph 2(6) of Schedule 1A, be)”.

(4) In Article 24 of that Order (traffic-sensitive streets) in paragraph (1) after “works)” there is inserted “or paragraph 2 of Schedule 1A”.

(5) In Article 34 of that Order (charge for occupation of road where works unreasonably prolonged) in paragraph (3)(b) after “date)” there is inserted “or notification under paragraph 2(1)(d) of Schedule 1A (notification of proposed works)”.

(6) In Article 47 of that Order (provisions relating to bridges) in paragraph (1) after “date)” there is inserted “, or making a notification under paragraph 2(1)(d) of Schedule 1A (notification of proposed works),”.

(7) In Article 48 of that Order (provisions relating to sewers) in paragraph (1) after “date)” there is inserted “, or making a notification under paragraph 2(1)(d) of Schedule 1A (notification of proposed works),”.

Duty of street authority to co-ordinate works

11.—(1) Article 19 of the 1995 Order (general duty of street authority to co-ordinate works) is amended as follows.

(2) In paragraph (1) after “purposes)” there is inserted “and the carrying out of relevant activities”.

(3) In paragraph (2) after “works” there is inserted “or relevant activities”.

(4) After paragraph (6) there is inserted—

“(7) In this Article “relevant activities” means any activity, other than the execution of works in the street or the use of the street by traffic (including pedestrians), which—

(a) involves the temporary occupation or use of space in a street;

(b) is subject to regulation by the street authority by virtue of provision made by or under any statutory provision other than this Order; and

(c) is prescribed.”.

Requirements as to execution of street works

Qualifications of supervisors and operatives

12.—(1) Article 27 of the 1995 Order (qualifications of supervisors and operatives) is amended as follows.

(2) After paragraph (1) there is inserted—

“(1A) A street authority may (unless the case is one excepted from paragraph (1)) by notice require an undertaker executing street works—

(a) to notify it of the name of—

(i) the person who is currently the qualified supervisor required by paragraph (1); and

(ii) each person who has previously been the qualified supervisor so required; and

(b) to provide it with such evidence of the requisite qualification of each person named as may be prescribed.”.

(3) After paragraph (2) there is inserted—

“(2A) A street authority may (unless the case is one excepted from paragraph (2)) by notice require an undertaker executing street works—

(a) to notify it of the name of—

(i) a person whose presence on site at any time specified in the notice (being a time when the works were in progress) enabled the undertaker to comply with his duty under paragraph (2); or

(ii) each person whose presence on site during the progress of the works enabled the undertaker to comply with his duty in paragraph (2); and

(b) to provide it with such evidence of the requisite qualification of each person named as may be prescribed.

(2B) A notice under paragraph (1A) or (2A) may be given at any time while the works are being executed or within such period after their completion as may be prescribed.

(2C) The undertaker shall comply with a notice under paragraph (1A) or (2A) within such period as may be prescribed.”.

(4) In paragraph (3) for “or (2)” there is substituted “, (2) or (2C)”.

(5) In paragraph (4), after sub-paragraph (b) there is inserted

• “and

  (c)

  the form of any document to be issued by an approved body to certify or otherwise show that a qualification has been conferred on any person.”.

Reinstatement

Duty to notify street authority of reinstatement

13.—(1) Article 30 of the 1995 Order (duty of undertaker to reinstate) is amended as follows.

(2) After paragraph (1) there is inserted—

“(1A) The reinstatement required by paragraph (1) may be permanent or interim.”.

(3) For paragraphs (3) and (4) there is substituted—

“(3) He shall within 7 working days from the date on which the reinstatement is completed give notice to the street authority of that completion—

(a) stating whether the reinstatement is permanent or interim; and

(b) giving such other information about the reinstatement as may be prescribed.

(4) If the reinstatement is interim, he shall complete the permanent reinstatement of the street as soon as reasonably practicable, and in any event within 6 months from the date on which the interim reinstatement was completed.

(4A) He shall, within 7 working days from the date on which the permanent reinstatement required by paragraph (4) is completed, give notice to the street authority of that completion, giving such other information about the reinstatement as may be prescribed.

(4B) The Department may by regulations modify the period specified in paragraph (3), (4) or (4A).”.

Inspection fees following failure to reinstate

14.  In Article 32 of the 1995 Order (powers of street authority in relation to reinstatement) after paragraph (2) there is inserted—

“(2A) The Department may prescribe a fee in respect of a prescribed description of inspection mentioned in paragraph (2); and if it does so that paragraph has effect, in relation to that description of inspection, as if for “he shall bear the cost of” there were substituted “he shall pay the prescribed fee in respect of”.

(2B) The power to make different provision under paragraph (2A) for different cases includes power—

(a) to make different provision for different descriptions of street authority or undertakers;

(b) to prescribe different fees by reference to the nature or extent of the inspection, the place where it is carried out and such other factors as appear to the Department to be relevant.”.

Notices requiring remedial works relating to reinstatements

15.—(1) In Article 32 of the 1995 Order (powers of street authority in relation to reinstatement)—

(a) in paragraph (3), for “of not less than 7 working days” there is substituted “, not being less than such period as may be prescribed,”; and

(b) after paragraph (3) there is inserted—

“(3A) Cases may be prescribed under paragraph (3) in which no minimum period applies.”.

(2) In Article 49 of the 1995 Order (provisions as to reinstatement of sewers, etc.)—

(a) in paragraph (2), for “of not less than 7 working days” there is substituted “, not being less than such period as may be prescribed,”; and

(b) after paragraph (2) there is inserted—

“(2A) Cases may be prescribed under paragraph (2) in which no minimum period applies.”.

Power of street authority to require undertaker to re-surface street

16.  After Article 33 of the 1995 Order there is inserted—

“Re-surfacing

Power to require undertaker to re-surface street

33A.—(1) In prescribed circumstances, the street authority for a street may by notice (a “re-surfacing notice”) require an undertaker within paragraph (2) to execute such re-surfacing works in the street as may be specified in the notice.

(2) An undertaker is within this paragraph if—

(a) he has given notice under Article 14 or 15 of, or made a notification under paragraph 2(1)(d) of Schedule 1A in respect of, proposed street works,

(b) he is executing street works, or

(c) he has, within such period ending with the giving of the notice as may be prescribed (or if no period is prescribed, at any time), executed street works,

and the works will involve, involve or (as the case may be) involved the breaking up of any part of the street.

(3) The works specified in the re-surfacing notice may relate to any part of the street (including any part not, and not to be, broken up by the undertaker); but regulations may restrict the extent of the works that may be so specified.

(4) The re-surfacing notice relieves the undertaker to the extent (if any) specified in the notice of his duty under Article 30 to reinstate the surface of the street; but regulations may restrict the circumstances in which and the extent to which undertakers may be relieved of that duty.

(5) The street authority may by notice to the undertaker vary or withdraw a re-surfacing notice; but regulations may restrict the circumstances in which notices may be varied or withdrawn.

(6) A street authority may give a re-surfacing notice notwithstanding that the authority (in any capacity) is under a duty to undertake any of the works specified in the notice.

(7) In this Order—

“re-surfacing notice” has the meaning given by paragraph (1);

“re-surfacing works” means any works relating to the replacement of the surface of any part of a street;

“surface” includes a paved surface.

(8) The reference in paragraph (2)(c) to the execution of street works is a reference to the execution of such works after the commencement of this Article (whether or not regulations under it have been made).

Power to specify timing etc. of re-surfacing

33B.—(1) A re-surfacing notice may require an undertaker to—

(a) execute the works specified in the notice in stages so specified;

(b) begin the execution of those works (or any stage of them) at or by a date and time so specified;

(c) execute those works (or any stage of them) at times or on days (or at times on days) so specified;

(d) complete the execution of those works (or any stage of them) by a date and time so specified.

(2) The Department may by regulations make provision restricting, in some or all cases, the power of street authorities to include requirements within paragraph (1), including provision that—

(a) requires street authorities to consult an undertaker before a prescribed description of requirement is included in a notice;

(b) provides that any date specified in a notice for the beginning, execution or completion of works shall not be earlier than a prescribed period from the date on which the notice is given.

Materials, workmanship and standard of re-surfacing

33C.—(1) An undertaker who has been given a re-surfacing notice shall, when executing the works specified in the notice, comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.

(2) He shall also ensure that the new surface conforms to such performance standards as may be prescribed, for the prescribed period after completion of the works.

Re-surfacing: regulations

33D.—(1) The Department may make regulations supplementing Articles 33A to 33C.

(2) The regulations may in particular—

(a) make provision about the information to be contained in a re-surfacing notice (including the way in which re-surfacing works are to be described);

(b) prescribe, for cases where a re-surfacing notice may be given to more than one undertaker, the matters that a street authority shall take into account when selecting the undertaker to whom the notice is to be given;

(c) impose a requirement on an undertaker, in prescribed circumstances, to give notice to the street authority of a prescribed event;

(d) prescribe circumstances in which an undertaker may elect to make a payment to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the calculation of the amount of such payments;

(e) confer a right of review or a right of appeal to the planning appeals commission against a re-surfacing notice or any requirement contained in it, and may make provision about the period within which and manner in which any such right may be exercised and about the determination of appeals;

(f) require disputes of a prescribed description (including disputes as to the existence of circumstances prescribed under Article 33A(1)) to be determined in such manner and by such persons as may be prescribed;

(g) apply any provisions of this Order or the Roads Order, with or without modifications, in relation to works specified in a re-surfacing notice (and provide that for those purposes the works are to be treated as street works or works of any other description).

(3) The regulations may provide that where a re-surfacing notice has been served on an undertaker, the street authority may (in such circumstances and to such extent as may be prescribed) by notice relieve any other undertaker within Article 33A(2) of his duty under Article 30 to reinstate the surface of the street.

(4) The regulations may create in respect of any breach of a requirement imposed by a re-surfacing notice or of the duty imposed by Article 33C, or any contravention of the regulations, an offence punishable on summary conviction—

(a) where the offence consists of a failure to give a notice in accordance with the regulations, with a fine not exceeding level 4 on the standard scale;

(b) in any other case, with a fine not exceeding level 5 on the standard scale.

(5) The first regulations under this Article or any of Articles 33A to 33C shall not be made unless a draft of them has been laid before and approved by a resolution of the Assembly.

Re-surfacing: guidance

33E.—(1) The Department may, for the purposes of Articles 33A to 33D (including regulations under those Articles), issue or approve a code of practice giving practical guidance as to the exercise of powers and the discharge of duties under those Articles.

(2) In exercising those powers and in discharging those duties, street authorities and undertakers shall have regard to the code of practice.”.