Roads (Northern Ireland) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/3160
Year1993

1993No. 3160 (N.I. 15)

NORTHERN IRELAND

The Roads (Northern Ireland) Order 1993

16thDecember1993

17thFebruary1994

ARRANGEMENT OF ORDER Article

PART I

INTRODUCTORY

1. Title and commencement.

2. Interpretation.

PART II

CONSTRUCTION, MAINTENANCE AND CLASSIFICATION OF ROADS

Construction of roads

3. Construction of new roads.

4. Construction of bridges and tunnels in relation to navigable waters.

5. Diversion of navigable watercourses.

6. Extinguishment of certain public rights over navigable waters and foreshore.

7. Power to conduct experiments.

Maintenance of roads

8. Duty to maintain roads.

9. Treatment of roads affected by snow and ice.

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

11. Extraordinary traffic.

12. Road bridges over railways.

Classification of roads

13. Classification of roads.

14. Trunk roads.

PART III

SPECIAL ROADS

Designation of special roads and classification of traffic

15. Designation of special roads.

16. Classification of traffic for purposes of special roads.

Restrictions applying to special roads

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

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

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

20. Restrictions on use of special roads.

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

Service areas for special roads

22. Provision of service areas for users of special roads.

Concession agreements relating to special roads

23. Concession agreements.

24. Exercise of road functions by concessionaire.

25. Provisions as to traffic regulation.

26. Leasing of land to concessionaire.

27. Transfer or termination of concession.

Toll orders

28. Toll orders.

29. The toll period.

30. Amount of tolls chargeable by concessionaire.

31. Amount of tolls chargeable by Department.

32. Application of statutory provisions relating to monopolies, etc.

33. Variation or revocation of toll order.

34. Extension toll orders.

Further provisions with respect to tolls

35. Further provisions as to charging of tolls.

36. Collection of tolls.

37. Refusal or failure to pay tolls.

38. Facilities for collection of tolls.

39. Restriction of access to toll roads.

40. Annual report.

Supplementary

41. Powers under this Part to be cumulative.

42. Interpretation of Part III.

PART I

IMPROVEMENT AND SAFETY OF ROADS

Improvement of roads

43. General power of improvement.

44. Street lighting.

45. Drainage of roads.

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

47. Filling in of roadside ditches.

Safety of roads

48. Removal of fallen structures, trees, etc.

49. Prevention of obstruction to view, etc.

50. Removal of potentially dangerous trees and hedges.

51. Dangerous land adjoining roads.

52. Prevention of solid matter being washed on to roads.

53. Prevention of water falling or flowing on to roads.

54. Removal of barbed wire.

55. Removal of projections from buildings.

56. Doors, etc. opening onto road.

57. Retaining walls.

58. Notices under Articles 50 to 57 and appeals.

59. Removal of nuisances.

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

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

61. Placing of structures in a road.

62. Trading kiosks.

63. Cattle-grids.

64. Shelters, rails, barriers, etc.

65. Road humps and other traffic calming works.

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

66. Erection of shelters and toilets by district council.

PART V

ENVIRONMENTAL ASSESSMENT

67. Environmental assessment of certain road projects.

PART VI

ABANDONMENT AND STOPPING-UP OF ROADS AND PRIVATE ACCESSES

68. Abandonment and stopping-up of roads.

69. Stopping-up of private accesses.

PART VII

LAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

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

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

71. Erection of a structure on road.

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

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

74. Festive lighting on roads.

75. Restriction on construction of buildings over road.

76. Restriction on construction of bridges over road.

77. Restriction on construction of cellars, etc. under road.

78. Excavations in a road.

79. Placing of apparatus in or under a road.

80. Construction of permitted means of access to a road.

81. Provision of milk tanker facility on or near road.

82. Excavations near a road.

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

84. Provisions supplementary to preceding provisions of this Part.

Other interference with roads

85. Causing damage to roads.

86. Vehicle-crossings over footways and verges.

87. Advertisements, pictures, signs, etc.

88. Obstruction of roads.

89. Lighting fires or discharging fireworks near a road.

90. Pitching stalls or offering things for sale on a road.

91. Encamping on a road.

92. Playing games on a road.

93. Animals on a road.

94. Depositing of things on roads.

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

96. Control of builders' skips.

97. Removal of builders' skips.

PART VIII

ROAD FERRIES

98. Interpretation of this Part.

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

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

101. Charges for road ferry services.

102. Byelaws in connection with road ferry services.

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

104. Use of road ferry undertaking for other purposes.

105. Power of Department to carry out works.

106. Application of 1847 Act to certain ferry landing places.

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

108. Power to dredge.

109. Repeal of local enactment and transitional provisions.

PART IX

POWERS OF DEPARTMENT IN RELATION TO LAND

Acquisition of land

110. Acquisition of land for purposes of functions under this Order.

111. Acquisition of land for resettlement of undertakings.

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

113. Vesting orders.

114. Appropriation or disposal of land acquired under this Part.

Development of land

115. Development of land for resettlement of undertakings.

116. Execution of works in connection with roads.

117. Agreements as to use of land near roads.

Miscellaneous powers

118. Power to obtain information as to ownership of land.

119. Power to enter on land.

120. Power to enter land for construction of temporary works.

PART X

MISCELLANEOUS AND SUPPLEMENTARY

Financial provisions

121. Expenses of Department.

122. Execution of works by Department at expense of another.

123. Recovery of certain expenses by Department.

124. Repayment of charges, rates and tolls.

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

126. Loans to certain undertakings affected by acquisition of land.

Miscellaneous

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

128. Consultation with district councils.

129. Obligation to give information as to identity.

130. Inquiries.

131. Arbitration.

132. Prospective exercise of road traffic regulation powers.

Supplementary

133. Orders and regulations.

134. Saving provisions, consequential amendments, repeals and revocations.

SCHEDULES:

Schedule 1- Classes of traffic for purposes of special roads.

Schedule 2- Supplementary provisions as to termination of concession.

Schedule 3- Procedure in connection with toll orders.

Schedule 4- Prevention of obstruction to view, etc.

Schedule 5- Procedure for making orders under Article 69(1).

Schedule 6- Tidal works.

Schedule 7- Modifications of Schedule 6 to the Local Government Act (Northern Ireland) 1972 for the purposes of Article 113(2).

Schedule 8- Procedure for making orders under Articles 4(1), 5(1), 6, 14(1), 15(1), 18(1) and 68(1).

Schedule 9- Saving provisions.

Schedule 10- Amendments.

Schedule 11- Repeals.

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 1974 ( a) 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:-

PART I

INTRODUCTORY

Title and commencement

1.-(1) This Order may be cited as the Roads (Northern Ireland) Order 1993.

(2) This Order shall come into operation on the expiration of 2 months from the day on which it is made.

Interpretation

2.-(1) The Interpretation Act (Northern Ireland) 1954 ( b) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order-

"bridge" includes a footbridge;

"building" includes any erection of whatsoever material in whatsoever manner constructed, any part of a building, and any addition to an existing building;

"carriageway" means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles;

"classified road" means a road classified in accordance with Article 13;

"the Department" means the Department of the Environment;

"the Electricity Order" means the Electricity (Northern Ireland) Order 1992 ( c);

(a) 1974 c. 28

(b) 1954 c. 33 (N.I.)

(c) 1992 NI 1

"fence" includes a paling;

"footway" means a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only;

"maintenance compound" means an area (with or without buildings)...

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