The Street Works (Northern Ireland) Order 1995

Safety measures

25.—(1) An undertaker executing street works shall secure—

(a)that any part of the street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and

(b)that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street,

having regard, in particular, to the needs of people with a disability.

(2) In discharging in relation to a road his duty with respect to the placing, maintenance or operation of traffic signs, an undertaker shall comply, with any directions given by the Department.

(3) The Department may issue or approve for the purposes of this Article codes of practice giving practical guidance as to the matters mentioned in paragraph (1); and—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with that paragraph; and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that paragraph.

(4) An undertaker who fails to comply with paragraph (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) If it appears to the street authority that an undertaker has failed to comply with paragraph (1) or (2), the street authority may take such steps as appear to it necessary and may recover from the undertaker the costs reasonably incurred by it in doing so.

(6) If a person without lawful authority or excuse—

(a)takes down, alters or removes any fence, barrier, traffic sign or light erected or placed in pursuance of paragraph (1) or (2), or

(b)extinguishes a light so placed,

he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.