- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Access to the Countryside (Northern Ireland) Order 1983, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: