The Access to the Countryside (Northern Ireland) Order 1983

Duty to maintain stiles, etc. N.I.

5.—(1) Any stile, gate or other similar structure across a public right of way shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of persons using the public right of way.

(2) The district council may, if it appears that the duty imposed by paragraph (1) is not being complied with, take all necessary steps for repairing and making good the stile, gate or other similar structure after giving the owner and occupier not less than fourteen days' notice.

(3) The district council may recover from the owner of the land all or part of any expenses reasonably incurred by it in and in connection with the exercise of the powers conferred by paragraph (2).

(4) The district council shall contribute not less than a quarter of any expenses which it is satisfied have been reasonably incurred in compliance with paragraph (1), and may make further contributions of such amount in each case as, having regard to all the circumstances, it considers reasonable.

(5) Paragraph (1) does not apply to any structure—

(a) if any conditions for the maintenance of the structure are in force under Article 6 (power to authorise erection of stiles, etc.), or

(b) if and so long as, under an agreement in writing with any other person, there is a liability to maintain the structure on the part of the district council.