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The Street Works (Northern Ireland) Order 1995
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This version of this provision is prospective.
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Changes to legislation:
The Street Works (Northern Ireland) Order 1995, Section 33D is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 13(1)(b) and word inserted by S.I. 2007/287 (N.I.) art. 4(2)(b)
- art. 14(3A)(3B) inserted by S.I. 2007/287 (N.I.) art. 6(1)(b)
- art. 15(8)(9) inserted by S.I. 2007/287 (N.I.) art. 6(2)
- art. 16(1A) inserted by S.I. 2007/287 (N.I.) art. 7(3)
- art. 16(3A) inserted by S.I. 2007/287 (N.I.) art. 7(4)
- art. 18(3)(f) and word inserted by S.I. 2007/287 (N.I.) art. 9(4)
- art. 18(7A) inserted by S.I. 2007/287 (N.I.) art. 9(8)
- art. 19(7) inserted by S.I. 2007/287 (N.I.) art. 11(4)
- art. 27(1A) inserted by S.I. 2007/287 (N.I.) art. 12(2)
- art. 27(2A)-(2C) inserted by S.I. 2007/287 (N.I.) art. 12(3)
- art. 27(4)(c) and word inserted by S.I. 2007/287 (N.I.) art. 12(5)
- art. 30(1A) inserted by S.I. 2007/287 (N.I.) art. 13(2)
- art. 30(3)-(4B) substituted for art. 30(3)(4) by S.I. 2007/287 (N.I.) art. 13(3)
- art. 32(2A)(2B) inserted by S.I. 2007/287 (N.I.) art. 14
- art. 32(3A) inserted by S.I. 2007/287 (N.I.) art. 15(1)(b)
- art. 34(2A) inserted by S.I. 2007/287 (N.I.) art. 18(2)
- art. 34(5A)(5B) inserted by S.I. 2007/287 (N.I.) art. 18(5)
- art. 34(7A) inserted by S.I. 2007/287 (N.I.) art. 18(7)
- art. 39(1A) inserted by S.I. 2007/287 (N.I.) art. 22(2)
- art. 39(2A) inserted by S.I. 2007/287 (N.I.) art. 22(3)
- art. 39(3A) inserted by S.I. 2007/287 (N.I.) art. 22(4)
- art. 40(1A) inserted by S.I. 2007/287 (N.I.) art. 23(3)
- art. 40(2)(2A) substituted for art. 40(2)(3) by S.I. 2007/287 (N.I.) art. 23(4)
- art. 40(5)(6) added by S.I. 2007/287 (N.I.) art. 23(6)
- art. 49(2A) inserted by S.I. 2007/287 (N.I.) art. 15(2)(b)
- art. 59(1A) inserted by S.I. 2007/287 (N.I.) art. 28(3)
Prospective
[F1Re-surfacing: regulationsN.I.
33D.—(1) The Department may make regulations supplementing Articles 33A to 33C.
(2) The regulations may in particular—
(a)make provision about the information to be contained in a re-surfacing notice (including the way in which re-surfacing works are to be described);
(b)prescribe, for cases where a re-surfacing notice may be given to more than one undertaker, the matters that a street authority shall take into account when selecting the undertaker to whom the notice is to be given;
(c)impose a requirement on an undertaker, in prescribed circumstances, to give notice to the street authority of a prescribed event;
(d)prescribe circumstances in which an undertaker may elect to make a payment to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the calculation of the amount of such payments;
(e)confer a right of review or a right of appeal to the planning appeals commission against a re-surfacing notice or any requirement contained in it, and may make provision about the period within which and manner in which any such right may be exercised and about the determination of appeals;
(f)require disputes of a prescribed description (including disputes as to the existence of circumstances prescribed under Article 33A(1)) to be determined in such manner and by such persons as may be prescribed;
(g)apply any provisions of this Order or the Roads Order, with or without modifications, in relation to works specified in a re-surfacing notice (and provide that for those purposes the works are to be treated as street works or works of any other description).
(3) The regulations may provide that where a re-surfacing notice has been served on an undertaker, the street authority may (in such circumstances and to such extent as may be prescribed) by notice relieve any other undertaker within Article 33A(2) of his duty under Article 30 to reinstate the surface of the street.
(4) The regulations may create in respect of any breach of a requirement imposed by a re-surfacing notice or of the duty imposed by Article 33C, or any contravention of the regulations, an offence punishable on summary conviction—
(a)where the offence consists of a failure to give a notice in accordance with the regulations, with a fine not exceeding level 4 on the standard scale;
(b)in any other case, with a fine not exceeding level 5 on the standard scale.
(5) The first regulations under this Article or any of Articles 33A to 33C shall not be made unless a draft of them has been laid before and approved by a resolution of the Assembly.]
F1Arts. 33A-33E and preceding cross heading inserted (prosp.) by Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)), arts. 1(3), 16
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