The Industrial Development (Northern Ireland) Order 1982

Power to enter on land N.I.

14.—(1) A person authorised in writing (stating the particular purpose or purposes for which the entry is authorised) by [F1 INI or] the Northern Ireland department in respect of whose responsibilities the entry is required may, at all reasonable times, on giving—

(a) in the case of entry under this Article for the sole purpose of examination, at least twenty-four hours' prior notice of his intention to the occupier or owner; and

(b) in the case of entry under this Article for any other purpose, at least six days' prior notice in writing of his intention to the occupier and to the owner, if the owner is known,

or, in either case, such lesser period of notice as may be agreed between the person so authorised and the occupier or the owner, and, in any case, on production (if so required) of his authority, enter for the purpose of survey, valuation or examination—

(i) any land which[F1 INI] proposes to acquire compulsorily under powers conferred upon it by this Part;

(ii) any land, where it appears to[F1 INI or] the Northern Ireland department that survey, valuation or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of that land; and any power conferred by this Article to survey land shall be construed as including power to search and bore for the purposes of ascertaining the court of any sewers or drains or of ascertaining the nature of the subsoil or the presence of minerals therein, or both, and to take and carry away, for the purpose of examination, specimens of the subsoil or minerals, or both, found therein.

(2) If any person, other than the owner or occupier of the land, obstructs a person so authorised in the performance of anything which the second-mentioned person is so required or authorised to do, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(3) If any person, being the owner or occupier of land, prevents a person authorised under paragraph (1) from duly carrying into effect any survey, valuation or examination of the land, or from doing thereon anything authorised by that paragraph, a court of summary jurisdiction on proof thereof may order the first-mentioned person to permit to be done on the land all things requisite for carrying into effect the survey, valuation or examination or for doing such other things as aforesaid; and, if he fails to comply with the order, he shall be guilty of an offence and shall, for every day during which the failure continues, be liable on summary conviction to a fine not exceeding £200.

(4) Where any property is damaged in the exercise of a right of entry conferred under this Article or in the making of any survey or examination or the doing of any thing for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered from[F1 INI or (as the case may be)] the Northern Ireland department by any person interested in the property.

(5) Any question of dispute compensation under this Article shall be referred to and determined by the Lands Tribunal for Northern Ireland.

(6) Any reference in this Article to an occupier or to an owner shall be construed as including a reference to a person appointed in writing by such occupier or owner as his representative for purposes which include all or any of the purposes of this Article.

F1 2002 c. 1 (NI)