Paragraph 5 F1
Not yet in force
Where a direction under paragraph 4 is in force, an undertaker may not during the period specified in the direction execute street works in the part of the road to which the restriction relates.
Sub-paragraph (1) does not apply—
where an undertaker executes emergency works;
where an undertaker executes works with the consent of the street authority; or
in such other cases as may be prescribed.
The consent of the street authority under sub-paragraph (2)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled in such manner as may be prescribed.
Regulations under sub-paragraph (3) may in particular make provision for the question referred to in that sub-paragraph to be settled—
by arbitration;
by the planning appeals commission on appeal by the undertaker.
An undertaker who contravenes sub-paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
An undertaker convicted of an offence under sub-paragraph (5) is liable to reimburse the street authority any costs reasonably incurred by it in reinstating the road.
Annotations
Textual amendments
- F1
Sch. 1A inserted (prosp.) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 10(2), Sch. 1
Notes on the whole Order
Textual amendments
- F1
functions transf. by SR 1999/481