Paragraph 5

Northern Ireland

(1)

The following provisions of this paragraph apply where a licence holder requires to carry out any controlled works in aF1 street near to—

(a)

any electric lines or electrical plant of any other licence holder; or

(b)

anyF2 electronic communications apparatus which is operated by a person to whom the electronic communications code applies; and

(c)

any other apparatus belonging to or under the jurisdiction or control of a government department or other person (not being a licence holder).

Sub‐paras. (2), (3) rep. 1995 NI 19

(4)

Where the licence holder finds it necessary to undermine but not alter the position of any owners' electric line, electrical plant, electronic communications apparatus or other apparatus he shall temporarily support it in position during the execution of the works, and before completion provide a suitable and proper foundation for it where so undermined.

(5)

Where a licence holder lays any electric line crossing or liable to touch any apparatus belonging to F3a water undertaker or sewerage undertaker or to any gas undertaking, the conducting portion of the electric line shall be effectively insulated in a manner approved by the Department, and the licence holder shall not, except with the consent of the F4water undertaker or sewerage undertaker or, as the case may be, the gas undertaking, and of the Department—

(a)

lay the electric lines so as to come into contact with the apparatus; or

(b)

use the apparatus in connection with the supply of electricity.

(6)

Any question arising under this paragraph shall, in default of agreement, be determined by arbitration.

Sub‐paras. (7), (8) rep. by 1995 NI 19

(9)

In this paragraph “owners” means any of the persons mentioned in paragraphs (a), (b) or (c) of sub‐paragraph (1).

Annotations

Textual amendments

F1: 1995 NI 19
F2: 2003 c. 21
F3: Words in Sch. 4 para. 5(5) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 31(1)(d) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
F4: Words in Sch. 4 para. 5(5) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 31(1)(d) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Notes on Part

Textual amendments

F1: 1995 NI 19