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Pollution Control and Local Government (Northern Ireland) Order 1978

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Status:

Point in time view as at 01/07/2006. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Pollution Control and Local Government (Northern Ireland) Order 1978, Section 49. Help about Changes to Legislation

Execution of works by district councilN.I.

49.—(1) This Article applies—

(a)to a notice under Article 38;

(b)to a noise reduction notice; and

(c)to an order of a court of summary jurisdiction under Article 39(2) or 45(6),

being a notice or order which requires any person to execute any works.

(2) If that person fails to execute all or any of the works in accordance with the notice or order, the district council may execute those works.

(3) Where a district council executes works under—

(a)Article 39(6) or 45(7); or

(b)this Article,

the district council may recover from the person in default the expenditure incurred by the council in executing the works, except such of the expenditure as that person shows was unnecessary in the circumstances.

(4) In proceedings to recover any amount due to a district council under paragraph (3) in respect of works executed by the council under this Article, it shall not be open to the person in default to raise any question which he could have raised on an appeal against the notice or order.

(5) In this Article “the person in default” means—

(i)in a case under Article 39(6), the person against whom the order was made under paragraph (2) of that Article,

(ii)in a case under Article 45(7), the person convicted of an offence under paragraph (5) of that Article, and

(iii)in any other case, the person to whom the notice or order applies.

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