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Article 27 Qualifications of supervisors and operatives

Northern Ireland

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

(1)

It is the duty of an undertaker executing street works involving—

(a)

breaking up the street, or any sewer, drain or tunnel under it, or

(b)

tunnelling or boring under the street

to secure that, except in such cases as may be prescribed, the execution of the works is supervised by a person having a prescribed qualification as a supervisor.

(2)

It is the duty of an undertaker executing streets works involving—

(a)

breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)

tunnelling or boring under the street,

to secure that, except in such cases as many be prescribed, there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.

(3)

an undertaker who fails to comply with his duty under paragraph (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.

(4)

Regulations made by the Department for the purposes of this Article may include provision with respect to—

(a)

the approval of bodies conferring qualifications (and the withdrawal of such approval), and

(b)

the circumstances in which a qualification may be conferred.

Annotations

Textual amendments

F1

Words in art. 27(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)(h) (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