Made | 17th January 2002 | ||
Coming into operation | 18th March 2002 |
1 | Citation and commencement |
2 | Interpretation |
3 | Street works register |
4 | Prescribed notice |
5 | Prescribed manner of service of notices |
6 | Advance notice of works |
7 | Notice of starting date of works |
8 | Procedure for giving directions |
9 | Substantial road works |
10 | Exemptions and adaptations |
11 | Designation of protected streets |
12 | Designation of streets with special engineering difficulties |
13 | Designation of streets as traffic-sensitive |
1 | Procedures for designations and withdrawal of designations |
2 | Prescribed form of notice |
and includes works which cannot reasonably be severed from such works.
and including in each case, where appropriate, details of the parts of the street designated
Street works register
3.
- (1) The register shall be kept in electronic form and shall be so indexed as to enable the information referred to in paragraphs (2) and (3) relating to a particular street to be traced.
(2) The information with respect to street works to be shown on the register and, in each case, the person responsible for securing its registration are specified in columns (2) and (3) respectively of the Table.
TABLE
Item
Information
Person responsible for securing its registration
(1)
(2)
(3)
1
Copies of all notices pursuant to Articles 14, 15 and 17 of the Order served upon the Department relating to street works in any street which is a road
The undertaker concerned
2
Copies of all notices pursuant to Articles 14, 15 and 17 of the Order served upon street managers relating to street works in any street which is not a road
The undertaker concerned
3
Description and location of street works involving breaking up the street not requiring prior notice in any street
The undertaker concerned
4
Description and location of works for which plans and sections have been submitted under Schedule 2 to the Order
The undertaker concerned
5
Particulars of notices given by any relevant authority under Schedule 2 to the Order
The relevant authority
(3) The information with respect to other descriptions of works and other matters to be shown on the register and, in each case, the person responsible for securing its registration are specified in columns (2) and (3) respectively of the Table.
TABLE
Item
Information
Person responsible for securing its registration
(1)
(2)
(3)
1
Every street, for which the Department is the street authority
The Department
2
Every street, which is a prospective road
The Department
3
Every street, of which the Department is aware, which is a road but for which it is not the street authority
The Department
4
Every street, which is -
(a) a protected street;
(b) a street with special engineering difficulties;
(c) a traffic-sensitive street including details of any limited designation,
The street authority concerned
5
Description and location of street authority works for road purposes
The street authority concerned
6
Copies of all notices published under Article 18 of the Order and of consents under that Article
The street authority concerned
7
Particulars of street works licences, including details of conditions, and of changes of ownership
The street authority concerned
8
Information under Article 30(3) of the Order as to completion of reinstatements
The undertaker concerned
9
Particulars of apparatus notified to the street authority under Article 40(2) of the Order
The street authority concerned
10
Every notice of works pursuant to Article 45(2) of the Order
The authority concerned
11
The classification of the street as a type of road for the purposes of regulation 2 of the Street Works (Reinstatement) Regulations (Northern Ireland) 1998[5]
The street authority concerned
(4) Information of the following types is restricted information for the purpose of Article 13(3) of the Order -
(a) information certified by or with the authorisation of the Secretary of State as being restricted information in the interests of national security;
(b) information certified by, or with the authorisation of, an undertaker as being restricted information in accordance with the commercial interests of the undertaking.
Prescribed notice
4.
- (1) Any notice for the purposes of Articles 14, 15 and 17 of the Order shall be in the form contained in Schedule 2 to these Regulations.
(2) Any such notice shall include such information as may be required to complete the parts of the form referred to in paragraph (1) which are indicated in that form as being relevant to the notice.
(3) Any notice required or authorised to be given for the purposes of any other provision under the Order shall be in writing, shall refer to the provision of the Order pursuant to which it is given and may be in any form.
Prescribed manner of service of notices
5.
- (1) Where under the Order or these Regulations an undertaker is under an obligation to give notice within a specified period of works beginning, such notice, at the option of the person giving it, shall be given by delivering it to the person to whom it is addressed at his proper address, or by sending it to such address by telefacsimile or other electronic means, or by any other means agreed between the person giving it and the person to whom it is to be sent.
(2) In any other case under the Order, or these Regulations, where any person is required or authorised to give a notice, such notice, at the option of the person giving it, shall be given by delivering it to the person to whom it is addressed, or by leaving it at his proper address, or by telefacsimile or other electronic means, or by sending it by first class post to him at that address, or by any other means agreed between the person giving it and the person to whom it is to be sent.
(3) Subject to Article 54(3) of the Order, where a notice may be served by telefacsimile or other electronic means, then, unless the contrary is proved, service is deemed to be effected at the time when the transmitting apparatus records satisfactory completion of the transmission, provided that where, after three attempts (duly recorded by the person serving the notice) to effect service by such means, service cannot be effected, the notice may be given by telephone and a copy thereof served upon the person to whom it is addressed by any of the means referred to in paragraph (2) as soon as practicable.
(4) For the purpose of this regulation, the proper address of any person to whom notice is to be given shall be, where such person has furnished to the person giving the notice an address for service of notices under the Order, that address, and otherwise, in the case of a corporation, the registered or principal office of the corporation, or, in any other case, the last known address of such person, provided that a person may furnish different addresses for different notices or different classes of notice.
Advance notice of works
6.
- (1) For the purposes of Article 14 of the Order, an undertaker, in addition to giving notice in accordance with regulation 7, shall give one month's advance notice of street works to which this regulation applies.
(2) This regulation applies to -
Notice of starting date of works
7.
- (1) Subject to paragraphs (2) and (4), for the purposes of Article 15 of the Order, an undertaker proposing to execute street works in a traffic-sensitive street shall, for each of the categories of work specified in column (2) of the Table, give a period of notice in relation to that category not less than that shown in column (3).
TABLE
Item
Category of works
Notice period
(1)
(2)
(3)
1
Urgent works
2 hours
2
Minor works not involving breaking up the street and the replacement of poles, lamps, columns and signs, pole testing and similar works involving minimal breaking up the street
3 days
3
Standard works
7 days
4
Minor works involving breaking up the street
7 days
5
Remedial works by an undertaker to a reinstatement not causing danger to users of the street
3 days
(2) In a case where urgent works to which this paragraph applies are to be carried out in a traffic-sensitive street, which are works of a kind of which notice is required under Article 15 of the Order, the undertaker shall give notice as soon as reasonably practicable, and in any event within 2 hours of beginning the works. This paragraph applies to works -
(a) for the purpose of restoring a supply or service where the supply or service is to premises to which it has been agreed in advance between the undertaker and the street authority that this paragraph applies, and
(b) where, without knowing or having reasonable grounds for believing in the existence of circumstances justifying the execution of emergency works, the undertaker fears that, in the circumstances, persons or property might be endangered unless the works are carried out immediately,
and to such other works as cannot reasonably be severed from such works.
(c) In this paragraph -
(3) Subject to paragraph (4), for the purposes of Article 15 of the Order, an undertaker proposing to execute street works in a street which is not a traffic-sensitive street shall, for each of the categories of work specified in column (2) of the Table, give a period of notice in relation to that category not less than that shown in column (3).
TABLE
Item
Category of works
Notice period
(1)
(2)
(3)
1
Standard works
7 days
2
Urgent works
As soon as reasonably practicable and in any event within 2 hours of the works being begun
Provided, however, that in relation to streets to which this paragraph applies no notice is required in the case of minor works or remedial works by an undertaker to a reinstatement not causing danger to users of the street.
(4)
(a) No notice pursuant to Article 15 of the Order is required to be given by a statutory undertaker to any person to whom this paragraph applies, unless such person has requested such a notice.
(b) This paragraph applies -
(i) to any statutory undertaker having apparatus in the street which is likely to be affected by the works, and
(ii) to any person who would otherwise be entitled to such notice solely by virtue of his having in the street part of a service pipe lying between the boundary of the street and the stopcock on such pipe in that street, or his having a drain in that street.
(5) For the purposes of Article 15(7) of the Order the period at the end of which a notice shall cease to have effect in relation to any street works shall be the same as the period of notice specified for that category of works in the appropriate Table in paragraph (1) or paragraph (3) as the case may be.
Procedure for giving directions
8.
- (1) Every direction under Article 16(1) of the Order shall be given by the street authority serving upon the undertaker a copy of the notice relating to the works given by the undertaker in accordance with these Regulations. The notice shall be endorsed with the terms of the direction.
(2) The provisions of regulation 5(2), (3) and (4) shall apply to the service of such directions.
(3) In relation to a notice pursuant to regulation 6 a direction shall be of no effect if given more than 10 days after its receipt by the street authority, and in relation to a notice pursuant to regulation 7 a direction shall be of no effect if given later than one hour after its receipt by the authority where the period of notice prescribed in either of the tables in that regulation is 2 hours, later than one day after receipt where the period is 3 days and later than 3 days after receipt where the period of notice is 7 days.
Substantial road works
9.
- (1) For the purposes of Article 18(1) of the Order, "substantial road works" means works for road purposes which -
(2) A notice under Article 18 of the Order in relation to a restriction on works following substantial road works shall be published on the register.
(3) For the purposes of Article 18(5) of the Order, the following works may be executed by an undertaker -
Exemptions and adaptations
10.
In its application to a street which is not a road -
Designation of protected streets
11.
- (1) A street authority shall not designate a street as a protected street pursuant to Article 21 of the Order unless -
(2) The procedure for making or withdrawing such a designation is specified in Schedule 1.
(3) The information to be made available by the street authority in respect of streets for the time being designated by them under Article 21 of the Order shall include the date of designation, details of the street and subject of designation in sufficient detail to enable it to be identified, and particulars of all consents to the placing of apparatus in the street.
Designation of streets with special engineering difficulties
12.
- (1) The criteria for designating a street as having special engineering difficulties pursuant to Article 23 are -
(2) The procedure for making or withdrawing such a designation is specified in Schedule 1.
(3) The information to be made available by the street authority in respect of each street for the time being designated by them under Article 23 of the Order shall include the date of designation, particulars of the street in sufficient detail to enable it to be identified, the features which justify the designation and particulars of the authority or undertaker with an interest in the street.
Designation of streets as traffic-sensitive
13.
- (1) In any case where the street authority has not by agreement with a majority of statutory undertakers having apparatus in the street or a reasonable likelihood of having apparatus in the street designated a street as traffic-sensitive, the street authority shall not designate a street as traffic-sensitive pursuant to Article 24 of the Order unless one or more of the following criteria apply -
Traffic flows (vehicles per hour) | |||
Width of carriageway | <10.25m | 10.25-13.25m | >13.25m |
Single carriageway | 1,050 (2-way) | 1,320 (1-way) | 3,330 (2-way) |
Dual carriageway/ one-way street | 1,390 (1-way) | 2,770 (1-way) | 4,090 (1-way) |
The traffic flow figures used in this table assume a traffic mix containing up to 12 per cent buses or heavy goods vehicles or both. If, in the case of any street, the number of buses or heavy goods vehicles or both counted exceeds that percentage of the total number of vehicles counted, a conversion factor of 2 may be applied to the number of buses or heavy goods vehicles or both in excess of such percentage.
(c) The street is -
(d) The street is a single carriageway two-way road less than 6.5 metres wide having a traffic flow of not less than 600 vehicles per hour which is a trunk road.
Provided that a street authority may only designate a street as traffic-sensitive for the times and on the dates when one or more of the criteria set out in sub-paragraphs (a) to (d) apply.
(2) The procedure for making or withdrawing a designation under Article 24 of the Order is specified in Schedule 1.
(3) The information to be made available by the street authority in respect of each street for the time being designated under Article 24 of the Order shall include the date of designation, particulars of the street in sufficient detail to enable it to be identified and, in the case of a limited designation, the times of day, days, periods or occasions to which the designation applies.
(4) In this regulation -
Sealed with the Official Seal of the Department for Regional Development on
17th January 2002.
L.S.
J. Carlisle
A senior officer of the Department for Regional Development
3.
If within the specified period no objection is received by the street authority, or if all objections have been withdrawn, the street authority may make the designation.
4.
If within that period an objection is received by the street authority from any person on whom a copy of a notice is required to be served under paragraph 2 or from any other person appearing to the street authority to be affected by the proposed designation and the objection is not withdrawn the street authority shall before making the designation cause a local inquiry to be held.
5.
Where a local inquiry has been held the street authority shall consider the objections and the report of the person who held the inquiry and may make the designation with or without modifications, or may decide not to make the designation, as it thinks fit.
The notice shall include a statement that all objections must be in writing and must specify the grounds on which they are made.
7.
If within the specified period no objection is received by the street authority, or if all objections have been withdrawn, the street authority may make the designation.
8.
If within that period an objection is received by the street authority from any person on whom notice is required to be served under paragraph 6 or from any other person appearing to the street authority to be affected by the proposed designation and the objection is not withdrawn the street authority shall before making the designation consider the objection and may make the designation with or without modifications or may decide not to make the designation as it thinks fit.
11.
Subject to the provisions of paragraph 12, the street authority may at any time withdraw the designation of a street as a street with special engineering difficulties.
12.
No withdrawal as mentioned in paragraph 11 shall occur without prior consultation with the transport authority or undertaker at whose request the designation was made.
13.
If the street authority withdraws such a designation it shall publish a notice in one or more newspapers circulating in the locality in which the street to which the withdrawn designation related.
14.
- (1) When a street manager makes or withdraws a designation he shall notify the Department.
(2) When the Department makes or withdraws a designation, or receives notification from a street manager in accordance with paragraph (1), it shall record such decisions on the register on the next following quarter day, except where that day is a public holiday, in which case it shall do so on the following working day.
[2] S.I. 1995/3210 (N.I. 19)back
[3] S.R. 1999 No. 481 Article 6(d) and Schedule 4 Part IVback
[4] S.I. 1995/2994 (N.I. 18)back
[6] S.I. 1973/70 (N.I. 2) as amended by S.I. 1993/3165 (N.I. 16)back
[7] S.I. 1997/276 (N.I. 2)back
[8] S.I. 1991/1220 (N.I. 11)back