The Street Works (1995 Order) (Commencement No. 6) Order (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 21st June 2004 paragraphs (1)(a) and (b), (2), (3), (4) and (5) of Article 39 of the Street Works (Northern Ireland) Order 1995.

Paragraphs (1)(a) and (b) require an undertaker, except in such cases as may be prescribed, to record the location of every item of apparatus belonging to him as soon as reasonably practicable after placing it in the street or altering its position or locating it in the street in the course of executing any other works. Paragraph (2) requires the records to be kept up to date and in such form and manner as the Department may prescribe. Paragraph (3) requires an undertaker to make his records available for inspection, at all reasonable hours and free of charge.

Paragraph (4) makes it an offence for an undertaker to fail to comply with his duties under Article 39 and makes him liable to compensate any person in respect of damage or loss incurred by that person in consequence of the failure. Paragraph (5) provides that in criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken to secure that no such a failure occurred.