The Roads (Northern Ireland) Order 1993

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IICONSTRUCTION, MAINTENANCE AND CLASSIFICATION OF ROADS

Construction of roads

3Construction of new roads

4Construction of bridges and tunnels in relation to navigable waters

5Diversion of navigable watercourses

6Extinguishment of certain public rights over navigable waters and foreshore

7Power to conduct experiments

Maintenance of roads

8Duty to maintain roads

9Treatment of roads affected by snow and ice

10Duty to remove snow, soil, etc. which has fallen on a road

11Extraordinary traffic

12Road bridges over railways

Classification of roads

13Classification of roads

PART IIISPECIAL ROADS

Designation of special roads and classification of traffic

15Designation of special roads

16Classification of traffic for purposes of special roads

Restrictions applying to special roads

17Restriction on laying of mains, etc. in special roads

18Restriction of access, etc. in connection with special roads

19Compensation where rights of access stopped-up or restricted under Article 18

20Restrictions on use of special roads

21Prohibition and control of advertising, etc. on or near special roads

Service areas for special roads

22Provision of service areas for users of special roads

Concession agreements relating to special roads

23Concession agreements

24Exercise of road functions by concessionaire

25Provisions as to traffic regulation

26Leasing of land to concessionaire

27Transfer or termination of concession

29The toll period

30Amount of tolls chargeable by concessionaire

31Amount of tolls chargeable by Department

32Application of statutory provisions relating to monopolies, etc.

33Variation or revocation of toll order

34Extension toll orders

Further provisions with respect to tolls

35Further provisions as to charging of tolls

36Collection of tolls

37Refusal or failure to pay tolls

38Facilities for collection of tolls

39Restriction of access to toll roads

40Annual report

41Powers under this Part to be cumulative

42Interpretation of Part III

PART IVIMPROVEMENT AND SAFETY OF ROADS

Improvement of roads

43General power of improvement

44Street lighting

45Drainage of roads

46Obstruction of, interference with, or discharge of material into, a road drain, etc.

47Filling in of roadside ditches

Safety of roads

48Removal of fallen structures, trees, etc.

49Prevention of obstruction to view, etc.

50Removal of potentially dangerous trees and hedges

51Dangerous land adjoining roads

52Prevention of solid matter being washed on to roads

53Prevention of water falling or flowing on to roads

54Removal of barbed wire

55Removal of projections from buildings

56Doors, etc. opening onto road

57Retaining walls

58Notices under Articles 50 to 57 and appeals

59Removal of nuisances

60Damage caused to road by excavations, etc. on adjoining land

Miscellaneous powers of Department as to structures, works etc. in or under road

61Placing of structures in a road

62Trading kiosks

64Shelters, rails, barriers, etc.

65Road humps and other traffic calming works

Power of district council to erect shelters and toilets on or under road

66Erection of shelters and toilets by district council

PART VENVIRONMENTAL ASSESSMENT

67Environmental assessment of certain road projects

PART VIABANDONMENT AND STOPPING-UP OF ROADS AND PRIVATE ACCESSES

68Abandonment and stopping-up of roads

69Stopping-up of private accesses

PART VIILAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

Structures, works, etc. on, in, under, over or near a road

70General duty to consult Department concerning exercise of statutory power to erect structure on, in or under road

71Erection of a structure on road

72Erection of scaffolding, hoardings, etc. on a road

73Placing of rails, beams, cables, arches, etc. over a road

74Festive lighting on roads

75Restriction on construction of buildings over road

76Restriction on construction of bridges over road

77Restriction on construction of cellars, etc. under road

78Excavations in a road

79Placing of apparatus in or under a road

80Construction of permitted means of access to a road

81Provision of milk tanker facility on or near road

82Excavations near a road

83Alteration of wall, fence or drain at side of road

84Provisions supplementary to preceding provisions of this Part

Other interference with roads

85Causing damage to roads

86Vehicle-crossings over footways and verges

87Advertisements, pictures, signs, etc.

88Obstruction of roads

89Lighting fires or discharging fireworks near a road

90Pitching stalls or offering things for sale on a road

91Encamping on a road

92Playing games on a road

93Animals on a road

94Depositing of things on roads

95Matter spilling or flowing onto roads from vehicles or adjoining land

96Control of builders' skips

97Removal of builders' skips

PART VIIIROAD FERRIES

98Interpretation of this Part

99Provision of road ferry services by, or on behalf of, the Department

100Road ferry services provided otherwise than by, or on behalf of, the Department

101Charges for road ferry services

102Byelaws in connection with road ferry services

103Duty to provide timetable for, and notify disruption of, road ferry service

104Use of road ferry undertaking for other purposes

105Power of Department to carry out works

106Application of 1847 Act to certain ferry landing places

107Functions of Department in relation to certain ferry landing places and surrounding limits

108Power to dredge

109Repeal of local enactment and transitional provisions

PART IXPOWERS OF DEPARTMENT IN RELATION TO LAND

Acquisition of land

110Acquisition of land for purposes of functions under this Order

111Acquisition of land for resettlement of undertakings

112Acquisition of land for mitigation of adverse effect of road construction or improvement

113Vesting orders

114Appropriation or disposal of land acquired under this Part

Development of land

115Development of land for resettlement of undertakings

116Execution of works in connection with roads

117Agreements as to use of land near roads

Miscellaneous powers

118Power to obtain information as to ownership of land

119Power to enter on land

120Power to enter land for construction of temporary works

PART XMISCELLANEOUS AND SUPPLEMENTARY

Financial provisions

121Expenses of Department

122Execution of works by Department at expense of another

123Recovery of certain expenses by Department

124Repayment of charges, rates and tolls

125Power to pay expenses of persons moving temporarily during works for construction or improvement of road

126Loans to certain undertakings affected by acquisition of land

127Duty to have regard to needs of disabled and blind in executing works, etc.

128Consultation with district councils

129Obligation to give information as to identity

132Prospective exercise of road traffic regulation powers

133Orders and regulations

134Saving provisions, consequential amendments, repeals and revocations

SCHEDULE 1CLASSES OF TRAFFIC FOR PURPOSES OF SPECIAL ROADS

3Heavy and light locomotives when being used for or in...

4Motor vehicles and trailers constructed for naval, military, air force...

14In this Schedule— “abnormal indivisible load” means a load which—...

SCHEDULE 2SUPPLEMENTARY PROVISIONS AS TO TERMINATION OF CONCESSION

1The provisions of this Schedule apply in relation to the...

Property to vest free from security rights

2(1) Property vesting in the Department shall do so free...

Recovery of property taken in pursuance of legal process

3(1) Where before the ending of the concession possession of...

Validity of previous discharge of liabilities

4Where a liability has been discharged before the ending of...

Property subject to covenants, conditions or restrictions

5Except as provided by paragraph 2, property vesting in the...

Transfer of agreements, etc.

6(1) Subject to the concession agreement and to paragraph 2,...

Legal or other proceedings

7(1) Subject to the concession agreement, all legal or other...

Transfer of employees

8For the purposes of the Transfer of Undertakings (Protection of...

SCHEDULE 3PROCEDURE IN CONNECTION WITH TOLL ORDERS

Publicity for proposals

1(1) Where the Department proposes to make a toll order,...

Making of objections

2(1) A person who objects to the making of a...

3(1) If an objection is received by the Department within...

Making or confirmation of order

4(1) The Department, after considering— (a) any objections which are...

Assembly procedure

5(1) Except as provided by sub-paragraph (2), a toll order...

SCHEDULE 4PREVENTION OF OBSTRUCTION TO VIEW, ETC.

1(1) Notice under Article 49 may be served—

2Any restrictions imposed by a notice served under Article 49...

3(1) If any person upon whom a notice has been...

4Any person upon whom a notice is served under Article...

5(1) Where notice has been served upon any person under...

6Subject to the provisions of this Schedule, if any person...

7Where a person convicted of an offence under paragraph 6...

8(1) Any person upon whom a notice is served under...

9Nothing in Article 49 or this Schedule shall apply with...

10Article 49 and this Schedule shall apply to stacks of...

SCHEDULE 5PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 69(1)

1Where the Department proposes to make an order under Article...

2(1) The Department shall, not later than the date on...

3If it appears to the Department, when preparing an order,...

4If, before the expiration of the period referred to in...

5After considering— (a) any objections to the proposed order which...

SCHEDULE 6TIDAL WORKS

1Where the Department constructs, alters or extends any tidal work...

2(1) Where the Department abandons any tidal work, or allows...

3Where any tidal work constructed by the Department is damaged...

4(1) The Secretary of State may cause a survey and...

5(1) The Department shall, while a tidal work is being...

6It shall be the duty of the Department to comply...

SCHEDULE 7MODIFICATIONS OF SCHEDULE 6 TO THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 FOR THE PURPOSES OF ARTICLE 113(2)

1References to the Ministry or council shall be construed as...

2References to Schedule 6 to the Local Government Act (Northern...

3Omit paragraph 1 of that Schedule.

4In paragraph 2 of that Schedule— (a) for the words...

5In paragraph 3— (a) in sub-paragraph (1)(b) for the words...

6In paragraph 4 omit the words from “and may provide”...

7In paragraph 5— (a) in sub-paragraph (1)(a) omit the words...

8In paragraph 6(2) for the words “fund out of which...

9In paragraph 10 for sub-paragraph (3) substitute—

10In paragraph 11(3) omit the words “in the prescribed form”....

11In paragraph 12— (a) in sub-paragraph (1) omit the words...

12In paragraph 14(1) omit the words “in the prescribed form”....

13In paragraph 15(1) for the words “in the prescribed form”...

14Omit paragraph 19.

15Omit paragraph 20(2).

SCHEDULE 8PROCEDURE FOR MAKING ORDERS UNDER ARTICLES 4(1), 5(1), 6, 14(1), 15(1), 18(1) AND 68(1)

1Before making an order the Department shall publish in the...

2(1) The Department shall, not later than the date on...

3Where the proposed order provides for the abandonment or stopping-up...

4(1) If, before the expiration of the period referred to...

5After considering— (a) any objections to the proposed order which...

6If it appears to the Department that in any order...

SCHEDULE 9SAVING PROVISIONS

Telecommunications apparatus

1Subject to paragraph 2, nothing in this Order or in...

2(1) Where in pursuance of an order under Article 68...

3Paragraph 23 of the telecommunications code (which provides a procedure...

Preservation of certain savings in Roads (Northern Ireland) Order 1980

4The repeal by this Order of Schedule 7 to the...

SCHEDULE 10AMENDMENTS

The Military Lands Act 1892 (c. 43)

The Land Powers (Defence) Act 1958 (c. 30)

The Transport Act (Northern Ireland) 1967 (c. 37 (N.I.))

The Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))

The Historic Monuments Act (Northern Ireland) 1971 (c. 17 (N.I.))

The Planning (Northern Ireland) Order 1972 (NI 17)

The Land Acquisition and Compensation (Northern Ireland) Order 1973(NI 21)

The Statutory Rules (Northern Ireland) Order 1979 (NI 12)

The Private Streets (Northern Ireland) Order 1980 (NI 12)

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

The Planning Blight (Compensation) (Northern Ireland) Order 1981 (1981NI 16)

The Civil Aviation Act 1982 (c. 16)

The Telecommunications Act 1984 (c. 12)

The Road Races (Northern Ireland) Order 1986 (NI 17)

The Occupiers' Liability (Northern Ireland) Order 1987 (NI 15)

The Laganside Development (Northern Ireland) Order 1989 (NI 2)

The Planning (Northern Ireland) Order 1991 (NI 11)

The Electricity (Northern Ireland) Order 1992 (NI 1)

SCHEDULE 11REPEALS

1993 No. 3160 (N.I. 15)

NORTHERN IRELAND

The Roads (Northern Ireland) Order 1993

Made16th December 1993

Coming into operation17th February 1994

At the Court at Buckingham Palace, the 16th day of December 1993

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 19741 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—