The Roads (Northern Ireland) Order 1993 No. 3160 (NI. 15)

PART VII N.I. LAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

Structures, works, etc. on, in, under, over or near a road N.I.

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 (ba) in pursuance of a pavement café licence under the Licensing of Pavement Cafés Act (Northern Ireland) 2014; or]

[F2 (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,]

[F3 or

(d) in connection with the holding of an event in connection with which an order has been made under Schedule 3A to the Road Traffic Regulation (Northern Ireland) Order 1997,]

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 Art. 71(2)(ba) inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 1; S.R. 2016/126, art. 2

F2 2001 c. 8 (NI)

F3 Art. 71(2)(d) and word inserted (4.9.2017) by Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c. 14), s. 9(2), Sch. 2 para. 4; S.R. 2017/34, art. 2, Sch.