Article 16 Power to give directions as to timing of street works

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 16(1) words inserted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 7(2)(b)
art. 16(1)(b) words inserted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 7(2)(a)
art. 16(1A) inserted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 7(3)
art. 16(3A) inserted by The Street Works (Amendment) (Northern Ireland) Order 2007 art. 7(4)

(1)

If it appears to the street authority—

(a)

that proposed street works are likely to cause serious disruption to traffic, and

(b)

that the disruption would be avoided or reduced if the works were carried out only at certain times,

the authority may give the undertaker such directions as may be appropriate as to the times when the works may or may not be carried out.

(2)

The procedure for giving a direction shall be prescribed by the Department.

(3)

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 F1level 5 on the standard scale.

(4)

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

Annotations

Textual amendments

F1: Words in art. 16(3) substituted (1.10.2007) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 25(2)(b) (with art. 25(5)); S.R. 2007/365, art. 2, Sch.

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481