The Roads (Northern Ireland) Order 1993

Power to enter on land

119.—(1) Subject to this Article, a person authorised in that behalf by the Department shall, on producing if so required some duly authenticated document showing his authority, have a right to enter on any land at all reasonable hours for the purpose of—

(a) surveying land or boring or carrying out other works in order to ascertain the suitability of the land for the execution of works or whether land ought to be acquired by the Department under this Order;

(b) inspecting, repairing, altering, renewing or removing any works executed under this Order in or on the land;

(c) ascertaining whether there is or has been on or in connection with the land any contravention of this Order;

(d) ascertaining whether or not circumstances exist which would authorise the Department to take any action or execute any works under this Order;

(e) taking any action, or executing any works authorised or required by this Order to be taken or executed by the Department.

(2) Except in a case of emergency, admission to land for the purpose of executing work thereon shall not be demanded under paragraph (1) unless at least 7 days' notice of the intended entry has been given to the occupier.

(3) Where notice of intended entry for a particular purpose has been given as respects the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with that purpose.

(4) If it is shown to the satisfaction of a justice of the peace on a sworn complaint in writing—

(a) that admission to the land which any person is entitled to enter by virtue of this Article, has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency; and

(b) that there are reasonable grounds for entry to the land for any purpose for which the entry is required,

the justice may by warrant under his hand authorise that person to enter on the land if need be by force.

(5) Any person entitled to enter on any land by virtue of a right of entry or of a warrant issued under this Article—

(a) may take with him such other persons and such equipment as may be necessary; and

(b) on leaving any unoccupied land which he has entered by virtue of such a warrant shall leave it as effectually secured against trespassers as he found it.

(6) Every warrant granted under this Article shall continue in force until the purpose for which entry is necessary has been satisfied.

(7) Any person who wilfully obstructs any person upon whom a right of entry has been conferred by this Article or by a warrant issued thereunder shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8) Where work has been carried out on land in pursuance of this Article, the Department shall reinstate the land as soon as possible.

(9) In determining whether an hour is a reasonable one for the purposes of paragraph (1), regard shall be had to whether there is an emergency or not.

(10) Where—

(a) in the exercise of the powers conferred by this Article any damage is caused to land or chattels, any person interested in the land or chattels may recover compensation in respect of the damage from the Department;

(b) in consequence of the exercise of any such powers any person is disturbed in his enjoyment of land or chattels, he may recover compensation in respect of that disturbance from the Department.

(11) Any question of disputed compensation under paragraph (10) shall be referred to and determined by the Lands Tribunal.