The Roads (Northern Ireland) Order 1993

Erection of a structure on road N.I.

71.—(1) Any person who erects any building, wall or fence on a road otherwise than in the exercise of a statutory power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Any person who erects any other structure on a road otherwise than—

(a) in the exercise of a statutory power; or

(b) in pursuance of a consent given by the Department under this Order; or

[F1 (c) in pursuance of a street trading licence or a temporary licence under the Street Trading Act (Northern Ireland) 2001 or in circumstances where, by virtue of section 2 of that Act, he would not be required to obtain a licence under that Act,]

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where a building, wall, fence or other structure is erected on a road in contravention of paragraph (1) or (2), the Department may serve on the owner of that building, wall, fence or other structure a notice requiring him to remove it.

(4) Article 58 applies to a notice served under this Article as it applies to a notice served as mentioned in paragraph (1) of that Article.

(5) For the purposes of this Article—

(a) “structure” includes any object of such a nature as to be capable of causing obstruction;

(b) a structure may be treated as having been erected on a road notwithstanding that it is on wheels; and

(c) “erect” includes place or set up.

F1 2001 c. 8 (NI)