# The Street Works (Northern Ireland) Order 1995, Article 45E: Fees payable by undertakers in relation to NUAR


(1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to pay fees to the Secretary of State for or in connection with the exercise by the Secretary of State of any function conferred by or under a NUAR provision.
(2) The regulations may—
(a) specify the amounts of the fees, or the maximum amounts of the fees, or
(b) provide for the amounts of the fees, or the maximum amounts of the fees, to be determined in accordance with the regulations.
(3) In making the regulations the Secretary of State must seek to secure that, so far as possible and taking one year with another, combined NUAR income matches combined NUAR expenses.
(4) Except where the regulations specify the amounts of the fees—
(a) the amounts of the fees must be specified by the Secretary of State in a statement, and
(b) the Secretary of State must—
(i) publish the statement, and
(ii) lay it before Parliament.
(5) Regulations under paragraph (1) may make provision about—
(a) when a fee is to be paid;
(b) the manner in which a fee is to be paid;
(c) the payment of discounted fees;
(d) exceptions to requirements to pay fees;
(e) the refund of all or part of a fee which has been paid.
(6) Before making regulations under paragraph (1), the Secretary of State must consult—
(a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and
(b) such other persons as the Secretary of State considers appropriate.
(7) In this Article—
“combined NUAR expenses” means the sum of—
(a)expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under a NUAR provision (including expenses not directly connected with the keeping of NUAR), and
(b)expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under Part 3A of the New Roads and Street Works Act 1991 (including expenses not directly connected with the keeping of the register kept under section 106A(1) of that Act);
“combined NUAR income” means the sum of—
(a)income received by the Secretary of State from fees payable under regulations under paragraph (1), and
(b)income received by the Secretary of State from fees payable under regulations under section 106E(1) of the New Roads and Street Works Act 1991.

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Source: https://www.legislation.gov.uk/nisi/1995/3210/article/45E (the official version)
Page: https://openlegislation.uk/street-works-northern-ireland-order-1995/article-45E
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.