The Roads (Northern Ireland) Order 1993 PART IINTRODUCTORY1Title and commencement2InterpretationPART IICONSTRUCTION, MAINTENANCE AND CLASSIFICATION OF ROADSConstruction of roads3Construction of new roads4Construction of bridges and tunnels in relation to navigable waters5Diversion of navigable watercourses6Extinguishment of certain public rights over navigable waters and foreshore7Power to conduct experimentsMaintenance of roads8Duty to maintain roads9Treatment of roads affected by snow and ice10Duty to remove snow, soil, etc. which has fallen on a road11Extraordinary traffic12Road bridges over railwaysClassification of roads13Classification of roads14Trunk roadsPART IIISPECIAL ROADSDesignation of special roads and classification of traffic15Designation of special roads16Classification of traffic for purposes of special roadsRestrictions applying to special roadsArt. 17 rep. by 1995 NI 19 18Restriction of access, etc. in connection with special roads19Compensation where rights of access stopped-up or restricted under Article 1820Restrictions on use of special roads21Prohibition and control of advertising, etc. on or near special roadsService areas for special roads22Provision of service areas for users of special roadsConcession agreements relating to special roads23Concession agreements24Exercise of road functions by concessionaire25Provisions as to traffic regulation26Leasing of land to concessionaire27Transfer or termination of concessionToll orders28Toll orders29The toll period30Amount of tolls chargeable by concessionaire31Amount of tolls chargeable by Department32Application of statutory provisions relating to monopolies, etc.33Variation or revocation of toll order34Extension toll ordersFurther provisions with respect to tolls35Further provisions as to charging of tolls36Collection of tolls37Refusal or failure to pay tolls38Facilities for collection of tolls39Restriction of access to toll roads40Annual reportSupplementary41Powers under this Part to be cumulative42Interpretation of Part IIIPART IVIMPROVEMENT AND SAFETY OF ROADSImprovement of roads43General power of improvement44Street lighting45Drainage of roads46Obstruction of, interference with, or discharge of material into, a road drain, etc.47Filling in of roadside ditchesSafety of roads48Removal of fallen structures, trees, etc.49Prevention of obstruction to view, etc.50Removal of potentially dangerous trees and hedges51Dangerous land adjoining roads52Prevention of solid matter being washed on to roads53Prevention of water falling or flowing on to roads54Removal of barbed wire55Removal of projections from buildings56Doors, etc. opening onto road57Retaining walls58Notices under Articles 50 to 57 and appeals59Removal of nuisances60Damage caused to road by excavations, etc. on adjoining landMiscellaneous powers of Department as to structures, works etc. in or under road61Placing of structures in a road62Trading kiosks63Cattle-grids64Shelters, rails, barriers, etc.65Road humps and other traffic calming works65AEquipment for detection of traffic offences etc Power of district council to erect shelters and toilets on or under road66Erection of shelters and toilets by district councilPART VEnvironmental Impact Assessment67Environmental impact assessment67AProcedure67BOther Member States67BZAProjects in another EEA State likely to have significant transboundary effects67BAValidity of decisions67CApplicationPART VIABANDONMENT AND STOPPING-UP OF ROADS AND PRIVATE ACCESSES68Abandonment and stopping-up of roads69Stopping-up of private accessesPART 6ARESTRICTION OF RIGHTS OVER ROAD69AGating orders69BEffect of gating orders69CVariation and revocation of gating orders69DProcedure for orders under this Part69EPublication and availability of gating ordersPART VIILAWFUL AND UNLAWFUL INTERFERENCE WITH ROADSStructures, works, etc. on, in, under, over or near a road70General duty to consult Department concerning exercise of statutory power to erect structure on, in or under road71Erection of a structure on road72Erection of scaffolding, hoardings, etc. on a road73Placing of rails, beams, cables, arches, etc. over a road74Festive lighting on roads75Restriction on construction of buildings over road76Restriction on construction of bridges over road77Restriction on construction of cellars, etc. under road78Excavations in a road. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79Placing of apparatus in or under a road80Construction of permitted means of access to a road81Provision of milk tanker facility on or near road82Excavations near a road83Alteration of wall, fence or drain at side of road84Provisions supplementary to preceding provisions of this PartOther interference with roads85Causing damage to roads86Vehicle-crossings over footways and verges87Advertisements, pictures, signs, etc.88Obstruction of roads89Lighting fires or discharging fireworks near a road90Pitching stalls or offering things for sale on a road91Encamping on a road92Playing games on a road93Animals on a road94Depositing of things on roads95Matter spilling or flowing onto roads from vehicles or adjoining land96Control of builders' skips97Removal of builders' skipsPART VIIIROAD FERRIES98Interpretation of this Part99Provision of road ferry services by, or on behalf of, the Department100Road ferry services provided otherwise than by, or on behalf of, the Department101Charges for road ferry services102Byelaws in connection with road ferry services103Duty to provide timetable for, and notify disruption of, road ferry service104Use of road ferry undertaking for other purposes105Power of Department to carry out works106Application of 1847 Act to certain ferry landing places107Functions of Department in relation to certain ferry landing places and surrounding limits108Power to dredge109Repeal of local enactment and transitional provisionsPART IXPOWERS OF DEPARTMENT IN RELATION TO LANDAcquisition of land110Acquisition of land for purposes of functions under this Order111Acquisition of land for resettlement of undertakings112Acquisition of land for mitigation of adverse effect of road construction or improvement113Vesting orders114Appropriation or disposal of land acquired under this PartDevelopment of land115Development of land for resettlement of undertakings116Execution of works in connection with roads117Agreements as to use of land near roadsMiscellaneous powers118Power to obtain information as to ownership of land119Power to enter on land120Power to enter land for construction of temporary worksPART XMISCELLANEOUS AND SUPPLEMENTARYFinancial provisions121Expenses of Department122Execution of works by Department at expense of another123Recovery of certain expenses by Department124Repayment of charges, rates and tolls125Power to pay expenses of persons moving temporarily during works for construction or improvement of road126Loans to certain undertakings affected by acquisition of landMiscellaneous127Duty to have regard to needs of disabled and blind in executing works, etc.128Consultation with district councils129Obligation to give information as to identity130Inquiries131ArbitrationArt. 132 rep. by 1997 NI 2 Supplementary133Orders and regulations133AConcurrent proceedings under this Order134Saving provisions, consequential amendments, repeals and revocationsSCHEDULESSCHEDULE 1CLASSES OF TRAFFIC FOR PURPOSES OF SPECIAL ROADS1Class I2Class II3Heavy and light locomotives when being used for or in ...4Motor vehicles and trailers constructed for naval, military, air force ...5Class III6Class IV7Class V8Class VI9Class VII10Class VIII11Class IX12Class X13Class XI14In this Schedule— “abnormal indivisible load” means a load which— ...SCHEDULE 2SUPPLEMENTARY PROVISIONS AS TO TERMINATION OF CONCESSIONIntroductory1The provisions of this Schedule apply in relation to the ...Property to vest free from security rights2Property vesting in the Department shall do so free from ...Recovery of property taken in pursuance of legal process3Where before the ending of the concession possession of any ...Validity of previous discharge of liabilities4Where a liability has been discharged before the ending of ...Property subject to covenants, conditions or restrictions5Except as provided by paragraph 2, property vesting in the ...Transfer of agreements, etc.6Subject to the concession agreement and to paragraph 2, all ...Legal or other proceedings7Subject to the concession agreement, all legal or other proceedings ...Transfer of employees8For the purposes of the Transfer of Undertakings (Protection of ...SCHEDULE 3PROCEDURE IN CONNECTION WITH TOLL ORDERSPublicity for proposals1Where the Department proposes to make a toll order, it ...Making of objections2A person who objects to the making of a toll ...Local inquiry3If an objection is received by the Department within the ...Making or confirmation of order4The Department, after considering— any objections which are not withdrawn; ...Assembly procedure5Except as provided by sub-paragraph (2), a toll order shall ...SCHEDULE 4PREVENTION OF OBSTRUCTION TO VIEW, ETC.1(1) Notice under Article 49 may be served— (a) upon the owner or occupier of...2Any restrictions imposed by a notice served under Article 49 shall be registered pursuant to...3(1) If any person upon whom a notice has been served under Article 49 objects...4Any person upon whom a notice is served under Article 49 shall have power, notwithstanding...5(1) Where notice has been served upon any person under Article 49 the Department may,...6Subject to the provisions of this Schedule, if any person upon whom a notice has...7Where a person convicted of an offence under paragraph 6 continues to contravene the notice...8(1) Any person upon whom a notice is served under Article 49 shall be entitled...9Nothing in Article 49 or this Schedule shall apply with respect to any building or...10Article 49 and this Schedule shall apply to stacks of turf, hay, corn or other...SCHEDULE 5PROCEDURE FOR MAKING ORDERS UNDER ARTICLE 69(1)1Where the Department proposes to make an order under Article 69(1), it shall publish in...2(1) The Department shall, not later than the date on which the notice referred to...3If it appears to the Department, when preparing an order, that a new means of...4If, before the expiration of the period referred to in paragraph 1(b), the Department receives...5After considering— (a) any objections to the proposed order which are not withdrawn; (b) where...SCHEDULE 6TIDAL WORKS1Where the Department constructs, alters or extends any tidal work in contravention of paragraph (3)...2(1) Where the Department abandons any tidal work, or allows it to fall into disrepair,...3Where any tidal work constructed by the Department is damaged or decays, the Department shall—...4(1) The Secretary of State may cause a survey and examination to be made— (a)...5(1) The Department shall, while a tidal work is being constructed, altered or extended— (a)...6It shall be the duty of the Department to comply with any notice served on...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 references to the Department within...2References to Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall be construed...3Omit paragraph 1 of that Schedule.4In paragraph 2 of that Schedule— (a) for the words from “Notice of application” to...5In paragraph 3— (a) in sub-paragraph (1)(b) for the words from “unless no representations” to...6In paragraph 4 omit the words from “and may provide” onwards.7In paragraph 5— (a) in sub-paragraph (1)(a) omit the words “in the prescribed form and...8In paragraph 6(2) for the words “fund out of which the expenses of the council...9In paragraph 10 for sub-paragraph (3) substitute— (2A) Where a notice is served by any...10In paragraph 11(3) omit the words “in the prescribed form”.11In paragraph 12— (a) in sub-paragraph (1) omit the words “such” and “as may be...12In paragraph 14(1) omit the words “in the prescribed form”.13In paragraph 15(1) for the words “in the prescribed form” substitute the words “in such...14Omit paragraph 19.15Omit paragraph 20(2).SCHEDULE 8PROCEDURE FOR MAKING ORDERS UNDER ARTICLES 4(1), 5(1), 6, 14(1), ...1Before making an order the Department shall publish in the ...2The Department shall, not later than the date on which ...3Where the proposed order provides for the abandonment or stopping-up ...4If, before the expiration of the period referred to in ...5After considering— any objections to the proposed order which are ...6If it appears to the Department that in any order ...SCHEDULE 9SAVING PROVISIONSElectronic communications apparatus1Subject to paragraph 2, nothing in this Order or in any order made under it...2(1) Where in pursuance of an order under Article 68 any road is stopped-up or...3Paragraph 23 of the electronic communications code (which provides a procedure for certain cases where...Preservation of certain savings in Roads (Northern Ireland) Order 19804The repeal by this Order of Schedule 7 to the Roads (Northern Ireland) Order 1980...Schedule 10—AmendmentsSchedule 11—RepealsStatutory Instruments1993 No. 3160 (N.I. 15)The Roads (Northern Ireland) Order 1993 F116th December 1993