The Street Works (Register, Notices, Directions and Designations) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prescribe the form of certain notices to be served under the Street Works (Northern Ireland) Order 1995 (“the Order”) and the manner in which they are to be served or published.

Regulation 2 includes definitions of “major projects”, “minor works”, “standard works” and “urgent works”.

Regulation 3 prescribes the information with respect to street works which is to be held in the register the Department is required to keep pursuant to Article 13 of the Order, together with information about certain categories of streets, other works, notices, licences, apparatus and reinstatements which is also to be held in the register. Provision is made for information certified by the Secretary of State in the interests of national security and for information which is commercially sensitive to an undertaker to be restricted for the purposes of Article 13(3) of the Order (regulation 3(4)).

Regulation 4 and Schedule 2 prescribe the form of notice to be given for the purposes of Articles 14, 15 and 17 of the Order (advance notice of certain works, notice of starting date of works and notice of emergency works).

Regulation 5 prescribes the manner in which service of notices under the Order or these Regulations is to be effected.

Regulation 6 prescribes the instances in which an advance notice of works (Article 14 of the Order) is required and provides that the period of such notice shall be one month.

Regulation 7 prescribes the period of notice of starting date of street works (required to be given under Article 15 of the Order) for urgent and standard works and, in the case of traffic-sensitive streets, for urgent, standard, minor and remedial works.

Regulation 8 sets out the procedure to be followed where a street authority gives a direction under Article 16(1) of the Order as to the timing of street works.

Regulation 9 defines “substantial road works” for the purposes of Article 18(1) of the Order, prescribes the manner in which a notice under this Article shall be published and prescribes exceptions (additional to those set out in Article 18(5) of the Order) to the restriction on the execution of street works for a period of 12 months following substantial road works imposed by Article 18(1).

Regulation 10 provides that the Department shall be the street authority for a street which is not a road for the purposes of keeping the register and receiving information from an undertaker as to the location and description of apparatus he has found (Article 40(2) of the Order) and provides that Article 21 of the Order (provision as to protected streets) shall not apply to a street which is not a road where consent to breaking up or opening is required under another enactment.

Regulations 11(1), 12(1) and 13(1) prescribe the criteria which a street authority shall use when designating a street as a protected street pursuant to Article 21 of the Order, as a street having special engineering difficulties pursuant to Article 23 or (except where a designation is by agreement between the street authority and the majority of the relevant undertakers) as traffic-sensitive pursuant to Article 24.

Regulations 11(3), 12(3) and 13(3) set out the information which a street authority shall make available when designating a street as a protected street, as having special engineering difficulties or as traffic-sensitive.

Regulation 11(2) and Part I of Schedule 1 prescribe the procedure for designating protected streets. Provision is made for the publication of a notice, its service upon specified bodies and persons and for the holding of a public inquiry before a designation is made if there are objections.

Regulations 12(2), 13(2) and Part II of Schedule 1 prescribe the procedure for designating streets as having special engineering difficulties or as traffic-sensitive. Provision is made for the giving of a notice of the proposal to specified bodies and persons and for the consideration of objections before a designation is made.

Regulations 11(2), 12(2) and 13(2) and Part III of Schedule 1 make provision for the withdrawal by the street authority of a designation of a street as a protected street, as having special engineering difficulties or as traffic-sensitive.