39.—(1) Where a toll order is in force in relation to a road subject to a concession, no other road shall be so constructed as to afford access to that road except with the consent of the concessionaire.
(2) Where a toll order is in force in relation to a road, no means of access to that road shall be constructed except with the consent of the Department and, where the road is subject to a concession, of the concessionaire.
(3) Paragraph (2) does not apply to—
(a)a means of access afforded by a road;
(b)a means of access to a weighbridge maintained by the Department under[F1 Articles 86 and 87 of the Road Traffic (Northern Ireland) Order 1995]; or
(c)a means of access constructed by or on behalf of a Northern Ireland department or a department of the Government of the United Kingdom which—
(i)affords access to premises occupied for the purposes of that department; and
(ii)the department is satisfied is reasonably required for discharging any function of the department.