The Roads (Northern Ireland) Order 1993

Street lighting

44.—(1) Where the Department considers that any road should be illuminated or better illuminated, it may provide for—

(a) the supply of electricity or other means of illumination by any person having power in that behalf;

(b) the installation of such system of illumination (including lamps, lamp posts, cables, supports for cables and other materials and apparatus) as appears to the Department to be necessary for the purpose; and

(c) the operation and maintenance of any system of illumination installed under this Article.

(2) Where the Department considers that it is in the public interest for a street or footpath to which the public has access to be illuminated or better illuminated, the powers of the Department under paragraph (1) shall be exercisable in relation to that street or footpath as if it were a road.

(3) The Department may alter or remove any system of illumination installed under paragraph (1) or (2).

(4) The Department may provide for the operation and maintenance of any system of illumination installed under Article 24 of the Roads (Northern Ireland) Order 1980(1) and may alter or remove any such system.

(5) The Department may, on such terms and conditions as may be agreed between the Department and any other person, provide, in respect of land which the Department in the exercise of its street planning functions under the Private Streets (Northern Ireland) Order 1980(2) has determined shall be regarded for the purposes of Part III of that Order as being comprised in a street, for—

(a) the supply of electricity or other means of illumination by any person having power in that behalf; and

(b) the installation of a system of illumination (including lamps, lamp posts, cables, supports for cables and other materials and apparatus).

(6) For the purposes of, or in connection with, the exercise of its functions under this Article, the Department may obtain from the owner or occupier of any land, on such terms and conditions as may be agreed between the Department and that person, the consent of that person for the Department—

(a) to install and keep installed on, under or over the land any lamps, lamp posts, cables, supports for cables or other materials or apparatus; and

(b) to have access to the land for the purpose of inspecting, repairing, altering, renewing or removing any thing so installed.

(7) The power to make a vesting order in respect of any land under Article 113 includes power to create and vest in the Department for the purposes of, or in connection with, the exercise of its functions under this Article new rights over land as well as to vest existing rights and, in particular to create and vest in the Department—

(a) the right to install and keep installed on, under or over any land any lamps, lamp posts, cables, supports for cables or other materials and apparatus; and

(b) the right to have access to the land for the purpose of inspecting, repairing, altering, renewing or removing anything so installed.

(8) In this Article—

“footpath” means a way over which the public have a right of way on foot only, not being a footway or other part of a road;

“street” means any street, lane, square, court, alley or passage, not being a road.

(1)

1980 NI 11

(2)

1980 NI 12