Explanatory note

These Regulations prescribe a scheme for the payment by undertakers for inspections of their works by the Department in streets for which it is the street authority. A fee of £15·50 is prescribed for each chargeable inspection (regulation 3(1)). Where the undertaker holds a licence under Article 11 of the Street Works (Northern Ireland) Order 1995 (“the Order”) a chargeable inspection is every inspection of works or a phase of works subject to a maximum of 30 inspections where the undertaker’s estimated number of units of inspection in a year is less than 100. Where his estimated number of units of inspection in a year is 100 or more, a chargeable inspection is a random inspection of not more than 10·5 per cent of each phase of works or not more than 30 per cent of the estimated total: regulation 3(2)(a) and (b). Where the undertaker is a statutory undertaker, a chargeable inspection is a random inspection of not more than 10·5 per cent of each phase of works or not more than 30 per cent of the estimated total: regulation 3(2)(c).

“Unit of inspection” is defined as an excavation not exceeding 200 metres in length, whether as a single excavation, as part of a longer excavation or as a cluster of not more than 5 excavations, (or not more than 10 where the works relate to service pipes or lines), which are related in terms of time and location and whose aggregate length does not exceed 200 metres: regulation 3(3).

“Phases of work” are defined as the periods when the reinstatement (whether interim or permanent) is being done and periods of 6 months after completion of interim or permanent reinstatement, and of 3 months immediately preceding the end of the guarantee period, which runs for 2 years from the date notification has been received by the Department of the completion of permanent reinstatement (3 years in the case of deeper excavations): regulation 3(4).

Regulation 3(5) makes transitional provisions for the estimated number of units of inspection for the first 3 years in which these Regulations are in force and provides that from the fourth year onwards, (commencing on 1st April in each year), that estimated number shall be the average of the number of units of inspection for that undertaker during the 3 preceding years. Similar provision is made for new undertakers in regulation 3(6).

Finally, regulation 4 provides for reference to an arbitrator under Article 55 of the Order where a dispute between an undertaker and the Department cannot be resolved by agreement.