The Street Works (1995 Order) (Commencement No. 4) Order (Northern Ireland) 1999

Made: 25th January 1999

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[^f00001] and paragraph 2(1) of Schedule 1 to the Northern Ireland Act 1974[^f00002] and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Street Works (1995 Order) (Commencement No. 4) Order (Northern Ireland) 1999.

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

Appointed day

2

The day appointed for the coming into operation of the provisions of the Order specified in the Schedule shall be 1st February 1999.

SCHEDULE — Provisions of the Order for which 1st February 1999 is appointed as the day of coming into operation

Signed

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

J. Carlisle — Assistant Secretary — 25th January 1999.

Explanatory note

(This note is not part of the Order.)

This Order brings into operation on 1st February 1999 Articles 28, 32, 33, 49 and 56 of the Street Works (Northern Ireland) Order 1995 (“the Order”).

Article 28 requires undertakers executing street works to afford the street authority reasonable facilities to carry out its functions as to inspection etc. of works and makes it an offence to fail to afford such facilities.

Article 32 provides the necessary powers for the street authority to inspect undertakers' reinstatements, carry out certain investigatory works, require defects to be remedied by the undertaker, and in certain circumstances, to do remedial work itself and recover its costs from the undertaker.

Article 33 sets out the effects on the duty placed on undertakers by Article 31(2) of the Order where a reinstatement is affected by subsequent works.

Article 49 makes provision in certain circumstances for reinstatement by undertakers of sewers, drains or tunnels.

Article 56 provides that provisions of an agreement which are inconsistent with the provisions of the Order shall have no effect.

Footnotes

[^f00001]: S.I. 1995/3210 (N.I. 19)

[^f00002]: 1974 c. 28