The Roads (Northern Ireland) Order 1993

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

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

General duty to consult Department concerning exercise of statutory power to erect structure on, in or under road N.I.

70.—(1) Where a statutory provision (other than this Order) passed or made before the coming into operation of this Article—

(a) confers power on any body or person to erect any structure on, in or under a road; and

(b) does not require that body or person to consult the Department concerning the exercise of that power,

that power shall not be exercisable after the coming into operation of this Article unless that body or person has consulted the Department concerning the exercise of that power.

(2) Nothing in paragraph (1) applies to anything done by—

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

(b) the operator of[F1 an electronic communications code network] in pursuance of any right conferred by or in accordance with the[F1 electronic communications code]; or

(c) the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order.

F1 2003 c. 21

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

[F2 (ba) in pursuance of a pavement café licence under the Licensing of Pavement Cafés Act (Northern Ireland) 2014; or]

[F3 (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,]

[F4 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.

F2 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

F3 2001 c. 8 (NI)

F4 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.

Erection of scaffolding, hoardings, etc. on a road N.I.

72.—(1) Subject to paragraph (2), any person who, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, erects any scaffolding on a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) does not apply to anything done—

(a) with the consent of the Department; or

(b) in relation to a road which is not a[F5 protected street], by—

(i) a statutory undertaker in the exercise of a statutory power;

(ii) the operator of[F6 an electronic communications code network] in pursuance of any right conferred by or in accordance with the[F6 electronic communications code]; or

(iii) the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order [F5 or

(c) in pursuance of a street works licence.]

(3) Where—

(a) a person has erected any scaffolding in contravention of paragraph (1); and

(b) the Department considers that the scaffolding constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—

(i) remove the scaffolding or carry out such other works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(4) Where—

(a) a person is convicted of an offence under paragraph (1); and

(b) he does not, within such period as the court may allow, remove any scaffolding erected in contravention of that paragraph and make good any damage to the road,

then the Department may itself—

(i) remove that scaffolding and make good any damage to the road; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(5) A consent under paragraph (2)(a) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(6) A consent under paragraph (2)(a) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper erection and removal of the scaffolding and the reinstatement of the road; and

(b) the safety and convenience of traffic.

(7) Without prejudice to the generality of paragraph (6), a consent under paragraph (2)(a) may be given subject to conditions—

(a) designed to ensure—

(i) safe access to the road for traffic likely to use the road for the purposes of the work, alteration, repair, maintenance or cleaning in connection with which the scaffolding is erected; and

(ii) the provision of adequate accommodation adjoining the road for vehicles which, by waiting to load or unload or otherwise using the road for any purpose relating to the erection of the scaffolding might reasonably be expected to obstruct the traffic on the road;

(b) requiring the person to whom the consent is given to cause the scaffolding to which the consent relates to be properly lighted during the hours of darkness (within the meaning of the Road Traffic Order);

(c) requiring the person to whom the consent is given to comply with any directions given to him in writing by the Department with respect to the erection and maintenance of signs warning users of the road of the presence of the scaffolding to which the consent relates;

(d) requiring the person to whom the consent is given to deposit a sum of money with the Department as security for the proper erection and removal of the scaffolding and the reinstatement of the road.

(8) The person to whom a consent is issued under this Article in respect of any scaffolding shall indemnify the Department against any claim in respect of injury, damage or loss arising out of the erection or presence of that scaffolding on a road, other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.

(9) Any person who—

(a) erects any scaffolding in pursuance of a consent given under paragraph (2)(a); and

(b) fails to comply with any condition subject to which that consent was given,

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

(10) Where it appears to the Department that a person has contravened paragraph (9), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(a) revoke the consent given to that person under paragraph (2)(a);

(b) remove any scaffolding erected in pursuance of that consent; and

(c) recover from that person any expenses thereby reasonably incurred by it.

(11) Where any scaffolding—

(a) has been removed by the Department under paragraph (3), (4) or (10), and

(b) has not been recovered by its owner within 21 days from the day on which it was removed,

the Department may dispose of it in such manner as the Department thinks fit.

(12) Where any scaffolding is disposed of by sale under paragraph (11) the expenses of removal and sale shall be defrayed out of the proceeds thereof and the balance of the proceeds (if any) shall be given to the owner if known and if not shall be applied in the same manner as is provided for with respect to fines by section 20 of the Administration of Justice Act (Northern Ireland) 1954F7 .

(13) Where the Department disposes of any scaffolding under paragraph (11)—

(a) by sale and the proceeds are not sufficient to defray the Department's expenses; or

(b) in some manner other than by sale,

the Department may recover from the person who erected that scaffolding on the road any expenses reasonably incurred by it in removing and disposing of the scaffolding.

(14) This Article shall apply to any hoarding or other structure erected in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building as it applies to scaffolding erected in that connection.

F5 1995 NI 19

F6 2003 c. 21

F7 1954 c. 9 (N.I.)

Placing of rails, beams, cables, arches, etc. over a road N.I.

73.—(1) Subject to paragraph (2), any person who fixes or places any overhead beam, rail, arch, pipe, cable, wire or other similar apparatus over, along or across any road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) Paragraph (1) does not apply to anything done—

(a) with the consent of the Department;

(b) in relation to a road which is not a[F8 protected street], by—

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

(ii) the operator of[F9 an electronic communications code network] in pursuance of any right conferred by or in accordance with the[F9 electronic communications code]; or

(iii) the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order;F8 . . .

[F8 (c) in relation to a road which is a protected street, with the consent of the Department under Article 21(1) of the Street Works Order or by virtue of Article 21(2) of that Order; or

(d) in pursuance of a street works licence.]

(3) Where—

(a) a person has fixed or placed any apparatus in contravention of paragraph (1); and

(b) the Department considers that the apparatus constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(i) remove that apparatus or carry out such other works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(4) Any person convicted of an offence under paragraph (1) shall, within such period as the court may allow, remove any apparatus fixed or placed in contravention of that paragraph and if he fails to do so he shall be guilty of a further offence and be liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day upon which that failure continues.

(5) Where a person who has been convicted of an offence under paragraph (1) becomes liable to prosecution for an offence under paragraph (4), the Department may itself do anything which he has failed to do and recover from that person any expenses thereby reasonably incurred by it.

(6) A consent under paragraph (2)(a) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(7) A consent under paragraph (2)(a) shall be given subject to such conditions as seem to the Department to be adequate for securing the safety and convenience of traffic.

(8) Without prejudice to the generality of paragraph (7), a consent under paragraph (2)(a) may be given subject to conditions—

(a) requiring the person to whom the consent is given to insure against such risks in connection with the fixing or placing of the apparatus to which the consent relates and its presence over, along or across a road as the Department may specify;

(b) requiring the person to whom the consent is given to produce to the Department such certificates as the Department may require as to the safety of any apparatus to which the consent relates;

(c) requiring the apparatus to be fixed or placed not earlier than such date as is specified in the consent and to be removed not later than such other date as is so specified.

(9) The person to whom a consent under paragraph (2)(a) is given shall indemnify the Department against any claim in respect of injury, damage or loss arising out of the fixing, placing or presence over, along or across a road of apparatus to which the consent relates, other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.

(10) Any person who—

(a) fixes or places any apparatus in pursuance of a consent given under paragraph (2)(a); and

(b) fails to comply with any condition subject to which that consent was given,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(11) Where it appears to the Department that a person has contravened paragraph (10), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(a) revoke the consent given to that person under paragraph (2)(a);

(b) remove any apparatus fixed or placed in pursuance of the consent; and

(c) recover from that person any expenses thereby reasonably incurred by it.

(12) Where any apparatus—

(a) has been removed by the Department under paragraph (3), (5) or (11); and

(b) has not been recovered by its owner within 21 days from the day on which it was removed,

the Department may dispose of it in such manner as the Department thinks fit.

(13) Where any apparatus is disposed of by sale under paragraph (12) the expenses of removal and sale shall be defrayed out of the proceeds thereof and the balance of the proceeds (if any) shall be given to the owner if known and if not shall be applied in the same manner as is provided for with respect to fines by section 20 of the Administration of Justice Act (Northern Ireland) 1954F10 .

(14) Where the Department disposes of any apparatus under paragraph (12)—

(a) by sale and the proceeds are not sufficient to defray the Department's expenses; or

(b) in some manner other than by sale,

the Department may recover from the person who fixed or placed the apparatus over, along or across the road any expenses reasonably incurred by it in removing and disposing of the apparatus.

F8 1995 NI 19

F9 2003 c. 21

F10 1954 c. 9 (N.I.)

Festive lighting on roads N.I.

74.—(1) The Department may issue to any person a licence authorising that person to place festive lighting over, along or across any road specified in the licence for such period as is so specified.

(2) A licence under paragraph (1) may be issued subject to such conditions as the Department thinks fit, and in particular conditions—

(a) regulating the installation of the festive lighting and the use for that purpose of any system of illumination installed under Article 44;

(b) requiring the payment by the licensee of charges in respect of electricity consumed by the festive lighting;

(c) requiring the licensee to indemnify the Department against any liability to any other person for injury, loss or damage arising from the placing of the festive lighting over, along or across a road.

(3) Any person who—

(a) places festive lighting over, along or across a road otherwise than in accordance with a licence granted under paragraph (1); or

(b) fails to comply with any condition subject to which such a licence is granted to him,

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

(4) In this Article “festive lighting” means lighting which is installed for a temporary period in connection with the celebration of a festive occasion, season or event.

Restriction on construction of buildings over road N.I.

75.—(1) No person shall—

(a) except in the exercise of statutory powers, construct a building over any part of a road (whether it is intended to span the road or not), or alter a building so constructed, without a licence issued under this Article by the Department, or otherwise than in accordance with the conditions of a licence so issued;

(b) use a building so constructed or altered in pursuance of a licence so issued otherwise than in accordance with the conditions thereof;

and any person who contravenes any provision of this paragraph is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and if the contravention is continued after conviction, he shall be guilty of a further offence and liable to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the contravention is so continued.

(2) A licence under this Article may be issued subject to such conditions, including conditions with respect to the construction (including the headway over the road), maintenance, lighting and use of the building, as the Department thinks fit; and, any such condition is binding on the successor in title to every owner, and every lessee and occupier, of the building.

(3) Where a licence under this Article makes provision for the execution of any works or the provision of any facilities which in the opinion of the Department require to be executed or provided by it in connection with the building or its construction or alteration, the Department may execute those works or, as the case may be, provide those facilities and may recover the expenses reasonably incurred by it in so doing from the licensee or from the owner of the building.

(4) No appeal lies under Article 84—

(a) if the land on which the road in question is situated is owned by the Department, or

(b) against any condition which the Department declares to be necessary for the purpose of securing the safety of persons using the road or of preventing interference with traffic thereon.

(5) Where a person has constructed or altered a building, for the construction, or, as the case may be, alteration, of which a licence is required by this Article, without such a licence or otherwise than in accordance with the conditions of the licence, the Department may by notice served on the licensee or the owner of the building require him to remove the building or make alterations therein.

(6) Where there has been a failure to comply with any conditions of a licence under this Article with respect to the maintenance or use of a building, the Department may by notice served on the licensee or the owner of the building require him to execute such works or take such steps as are necessary to secure compliance with those conditions.

(7) 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.

Restriction on construction of bridges over road N.I.

76.—(1) The Department may issue to the owner or occupier of any land adjoining a road a licence to construct and use a bridge over the road.

(2) Subject to paragraph (3), a licence under this Article may be issued subject to such conditions as the Department thinks fit.

(3) It shall be a condition of every licence under this Article that the person to whom it is granted is, at his own expense, to remove the bridge or alter it in such manner as the Department may require, if at any time the Department considers the removal or alteration necessary or desirable in connection with the carrying out of improvements to the road; and the decision of the Department that the removal or alteration is necessary or desirable in that connection shall be final, and the condition shall be enforceable by the Department against the owner for the time being of the land.

(4) No appeal lies under Article 84 against—

(a) any condition mentioned in paragraph (3); or

(b) any condition which the Department declares to be necessary for the purpose of securing the safety of persons using the road or of preventing interference with traffic thereon.

(5) Any person who, except in the exercise of statutory powers—

(a) constructs a bridge over a road without a licence under this Article, or

(b) constructs or uses a bridge otherwise than in accordance with the conditions of such a licence, or

(c) fails to remove or alter a bridge when required to do so in accordance with any condition of the licence,

shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale, and if the offence is continued after conviction he shall be guilty of a further offence and liable to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the offence is so continued.

Restriction on construction of cellars, etc. under road N.I.

77.—(1) Any person who without the consent of the Department constructs any vault, arch, cellar or part of a building under a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The consent of the Department—

(a) shall be given subject to the condition that any vault, arch or cellar constructed in pursuance of the consent and any gratings, lights and other fixtures in the surface of the road that are associated with it are to be kept in such good condition and repair by the person to whom the consent is given as not to constitute a danger or a nuisance to road users;

(b) may be given subject to such other conditions as the Department thinks fit.

(3) Where a person—

(a) constructs any vault, arch, cellar or part of a building in pursuance of a consent under this Article; and

(b) fails to comply with any condition subject to which that consent was given,

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

(4) Where it appears to the Department that a person has contravened paragraph (1) or (3) then (whether or not proceedings are instituted for an offence under that paragraph) the Department may serve on that person a notice requiring him to remove or alter the vault, arch, cellar or part of a building in question.

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

(6) The person to whom a consent is given under this Article shall indemnify the Department against any claim in respect of injury, damage or loss arising out of—

(a) the presence under a road of any vault, arch, cellar or part of a building to which the consent relates; or

(b) the carrying out by any person of any works for the construction of any vault, arch, cellar or part of a building in pursuance of the consent.

[F11 (7) This Article does not apply to street works within the meaning of the Street Works Order.]

F11 1995 NI 19

Excavations in a road N.I.

78.—(1) Subject to paragraph (2), any person who carries out any excavation in, or otherwise breaks up the surface of, a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) does not apply to any works done—

(a) with the consent of the Department[F12 or in pursuance of a street works licence or in accordance with an authorisation given by the Department under paragraph 7(2) of Schedule 1 to the Street Works Order];

(b) in the course of constructing—

(i) a permitted means of access to a road within the meaning of Article 80(13);

(ii) any other means of access to any road, if planning permission has been granted in respect of the construction of that means of access; or

(iii) a milk tanker facility within the meaning of Article 81(10);

(c) for the sole purpose of repairing any lawful work or of restoring it to substantially the form in which it was at any time within the preceding 3 years;

(d) for the purpose of complying with a requirement attached under Article 3(4A) of the Private Streets (Northern Ireland) Order 1980F13 to a determination under Article 3(1) of that Order;

(e) in relation to a road which is not a[F12 protected street], by—

(i) a statutory undertaker in the exercise of a statutory power;

(ii) the operator of[F14 an electronic communications code network] in pursuance of any right conferred by or in accordance with the[F14 electronic communications code]; or

(iii) the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order;

[F12 (f) in relation to a road which is a protected street, with the consent of the Department under Article 21(1) of the Street Works Order, or by vitue of Article 21(2) of that Order;]

(g) in the course of constructing a gutter in the footway in accordance with Article 53(2); or

(h) for the sole purpose of planting any grass, tree or shrub of a mature height not exceeding 500 millimetres in a verge in a road where—

(i) the road does not include a footway;

(ii) the verge is provided for the purpose of containing mains, drains, pipes, cables and other apparatus; and

(iii) the planting is carried out by or on behalf of the owner or occupier of land on so much of the verge as adjoins that land.

(3) Where—

(a) a person has carried out any works in contravention of paragraph (1); and

(b) the Department considers that the works constitute a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—

(i) carry out such works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(4) Where—

(a) a person is convicted of an offence under paragraph (1); and

(b) he does not, within such period as the court may allow, fill in any excavation made in contravention of that paragraph and make good any damage to the road,

then the Department may itself—

(i) fill in that excavation and make good any damage to the road; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(5) A consent under paragraph (2)(a) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(6) A consent under paragraph (2)(a) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper completion of the works and reinstatement of the road; and

(b) the safety and convenience of traffic.

(7) Without prejudice to the generality of paragraph (6), a consent under paragraph (2)(a) may be given subject to conditions—

(a) designed to ensure—

(i) safe access to the road for traffic likely to use the road as a result of the carrying out of the works to which the consent relates; and

(ii) the provision of adequate accommodation adjoining the road for vehicles which, by waiting to load or unload or otherwise using the road for any purpose relating to any such works, might reasonably be expected to obstruct the traffic on the road;

(b) requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the works to which the consent relates;

(c) requiring the person to whom the consent is given to insure against such risks in connection with the works to which the consent relates as the Department may specify;

(d) regulating or prohibiting the deposit on the road of building materials and rubbish associated with the works to which the consent relates;

(e) requiring the person to whom the consent is given to cause the works to which the consent relates and any associated building materials or rubbish to be properly guarded and to be properly lighted during the hours of darkness (within the meaning of the Road Traffic Order);

(f) requiring the person to whom the consent is given to fill in any excavation to which the consent relates, if required to do so by the Department.

(8) The person to whom a consent is issued under this Article in respect of any works shall indemnify the Department against any claim in respect of injury, damage or loss arising out of the carrying out of those works, other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.

(9) Any person who—

(a) carries out any works in pursuance of a consent given under paragraph (2)(a); and

(b) fails to comply with any condition subject to which that consent was given,

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

(10) Where it appears to the Department that a person has contravened paragraph (9), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(a) revoke the consent given to that person under paragraph (2)(a);

(b) fill in the excavation, remove any associated building materials or rubbish deposited on the road and make good any damage done to the road; and

(c) recover from that person any expenses thereby reasonably incurred by it.

F12 1995 NI 19

F13 1980 NI 12

F14 2003 c. 21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F15 N.I.

F15 prosp. insertion by 1995 NI 19

Placing of apparatus in or under a road N.I.

79.  F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 Art. 79 repealed (9.1.2006) by Street Works (Northern Ireland) Order 1995 (S.I. 1995/3120 (N.I. 19)), arts. 1(2), 60(2), Sch. 4; S.R. 2005/566, art. 2

Construction of permitted means of access to a road N.I.

80.—(1) Subject to paragraphs (2) and (3), any person who, without the consent of the Department, constructs any permitted means of access to—

(a) a trunk road or classified road from agricultural land; or

(b) any other road,

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

(2) Paragraph (1) does not apply—

(a) if planning permission has been granted in respect of the construction of the means of access; or

(b) to anything done for the sole purpose of repairing any lawful work or of restoring it to substantially the form in which it was at any time within the preceding 3 years.

(3) Sub-paragraph (b) of paragraph (1) does not apply if the means of access is constructed in compliance with such requirements as to the siting and layout of means of access to roads of the kind mentioned in that sub-paragraph as may be prescribed by regulations made by the Department.

(4) Where—

(a) a person has constructed a means of access in contravention of paragraph (1); and

(b) the Department considers that the existence or use of the means of access constitutes a danger to persons using the road,

then, (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(i) stop-up the means of access and carry out such other works as are necessary to obviate the danger, and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(5) Where a person has constructed a means of access in contravention of paragraph (1), the Department may serve on that person a notice requiring that the means of access be stopped-up; and where, within 21 days from the date on which a notice is served on any person under this paragraph, a means of access is stopped-up in compliance with the notice, that person shall not be liable to prosecution for an offence under paragraph (1) in respect of that means of access.

(6) Any person, other than a person exercising a public right of way on foot, who uses a means of access stopped-up under paragraph (4) or in compliance with a notice under paragraph (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where—

(a) a person is convicted of an offence under paragraph (1); and

(b) he does not, within such period as the court may allow, remove any means of access constructed in contravention of that paragraph and make good any damage to the road,

then the Department may itself—

(i) remove that means of access and make good any damage to the road; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(8) A consent under paragraph (1) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(9) A consent under paragraph (1) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper completion of the means of access and reinstatement of the road; and

(b) the safety and convenience of traffic.

(10) Without prejudice to the generality of paragraph (9), a consent under paragraph (1) may be given subject to conditions—

(a) designed to ensure—

(i) safe access to the road for traffic likely to use the road as a result of the construction of the means of access; and

(ii) the provision of adequate accommodation adjoining the road for vehicles which, by waiting to load or unload or otherwise using the road for any purpose relating to the construction of the means of access, might reasonably be expected to obstruct the traffic on the road;

(b) requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the means of access to which the consent relates;

(c) requiring the person to whom the consent is given to insure against such risks in connection with the construction of the means of access to which the consent relates as the Department may specify.

(11) Any person who—

(a) constructs a means of access in pursuance of a consent given under paragraph (1); and

(b) fails to comply with any condition subject to which that consent was given,

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

(12) Where it appears to the Department that a person has contravened paragraph (11), then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—

(a) revoke the consent given to that person under paragraph (1);

(b) remove any means of access constructed in pursuance of that consent and make good any damage to the road; and

(c) recover from that person any expenses thereby reasonably incurred by it.

F17 (13) In this Article—

• F18 “agricultural land” has the same meaning as in the Agriculture Act (Northern Ireland) 1949;

• “constructing a means of access” includes forming, laying out or altering that means of access;

• “development order” has the same meaning as in [F17 the Planning Act (Northern Ireland) 2011] ;

• “permitted means of access” means a means of access the construction of which would be permitted by a development order.

F17 Words in art. 80(13) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 66 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 as amended (16.3.2016) by S.R. 2016/159, art. 2)

F18 1949 c. 2 (N.I.)

Provision of milk tanker facility on or near road N.I.

81.—(1) Any person who, without the consent of the Department, carries out on or near any road works for the provision of a milk tanker facility shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where—

(a) a person has carried out any works in contravention of paragraph (1); and

(b) the Department considers that the works constitute a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—

(i) carry out such works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(3) Where—

(a) a person is convicted of an offence under paragraph (1); and

(b) he does not, within such period as the court may allow, remove any works carried out in contravention of that paragraph and make good any damage to the road,

then the Department may itself—

(i) remove those works and make good any damage to the road; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(4) A consent under paragraph (1) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(5) A consent under paragraph (1) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper completion of the works and reinstatement of the road; and

(b) the safety and convenience of traffic.

(6) Without prejudice to the generality of paragraph (5), a consent under paragraph (1) may be given subject to conditions—

(a) requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the works to which the consent relates;

(b) requiring the person to whom the consent is given to insure against such risks in connection with the works to which the consent relates as the Department may specify.

(7) The person to whom a consent is issued under this Article in respect of any works shall indemnify the Department against any claim in respect of injury, damage or loss rising out of the carrying out of the works, other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.

(8) Any person who—

(a) carries out any works in pursuance of a consent given under paragraph (1); and

(b) fails to comply with any condition subject to which that consent was given,

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

(9) Where it appears to the Department that a person has contravened paragraph (8), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(a) revoke the consent given to that person under paragraph (1);

(b) remove any works executed on the road and make good any damage done to the road; and

(c) recover from that person any expenses thereby reasonably incurred by it.

(10) In this Article—

• “milk tank” means any moveable tank or other container used for the purpose of storing milk in bulk;

• “milk tanker” means any motor vehicle constructed or designed for the purpose of carrying milk in bulk;

• “milk tanker facility” means any space, platform or other structure whose purpose is to facilitate the collection by a milk tanker while on or partially on a road of milk from a milk tank placed on or near the road.

[F19 (11) This Article does not apply to the street works within the meaning of the Street Works Order.]

F19 1995 NI 19

Excavations near a road N.I.

82.—(1) Subject to paragraphs (2) and (3), any person who makes any pit, ditch, drain or watercourse or carries out any other excavation which is not on a road but which is—

(a) within 12 metres of the nearest part of a special road;

(b) within 12 metres of the middle of a carriageway of a first-class or a second-class road; or

(c) within 9 metres of the middle of a carriageway of any other road,

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

(2) Paragraph (1) does not apply to any excavation which is carried out—

(a) with the consent of the Department;

(b) in the course of constructing—

(i) a permitted means of access to a road within the meaning of Article 80(13);

(ii) any other means of access to any road, if planning permission has been granted in respect of the construction of that means of access; or

(iii) a milk tanker facility within the meaning of Article 81(10);

(c) for the sole purpose of repairing any lawful work or of restoring it to substantially the form in which it was at any time within the preceding 3 years; or

(d) for the sole purpose of complying with a requirement attached under Article 3(4A) of the Private Streets (Northern Ireland) Order 1980F20 to a determination under Article 3(1) of that Order.

(3) Sub-paragraphs (b) and (c) of paragraph (1) do not apply to any excavation which is carried out—

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

(b) by the operator of[F21 an electronic communications code network] in pursuance of any right conferred by or in accordance with the[F21 electronic communications code]; or

(c) by the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order.

(4) Where—

(a) a person has carried out an excavation in contravention of paragraph (1); and

(b) the Department considers that the excavation constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(i) carry out such works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(5) Any person convicted of an offence under paragraph (1) shall, within such period as the court may allow,—

(a) fill in any excavation made in contravention of that paragraph; and

(b) restore anything altered, broken up or taken away in the course of that excavation;

and if he fails to do so he shall be guilty of a further offence and be liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day upon which that failure continues.

(6) Where a person who has been convicted of an offence under paragraph (1) becomes liable to prosecution for an offence under paragraph (5), the Department may itself do anything which he has failed to do and recover from that person any expenses thereby reasonably incurred by it.

(7) A consent under paragraph (2)(a) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(8) A consent under paragraph (2)(a) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper completion of the excavation to which the consent relates; and

(b) the safety and convenience of traffic.

(9) Without prejudice to the generality of paragraph (8), a consent under paragraph (2)(a) may be given subject to conditions—

(a) designed to ensure—

(i) safe access to the road for traffic likely to use the road as a result of the excavation to which the consent relates; and

(ii) the provision of adequate accommodation adjoining the road for vehicles which, by waiting to load or unload or otherwise using the road for any purpose relating to any such excavation, might reasonably be expected to obstruct the traffic on the road;

(b) requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the excavation to which the consent relates and of any works which are required by any condition subject to which the consent is given; and

(c) requiring the person to whom the consent is given to insure against such risks in connection with the excavation to which the consent relates as the Department may specify.

(10) Any person who—

(a) carries out any excavation in pursuance of a consent given under paragraph (2)(a); and

(b) fails to comply with any condition subject to which that consent was given,

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

(11) Where it appears to the Department that a person has contravened paragraph (10), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(a) revoke the consent given to that person under paragraph (2)(a);

(b) carry out such works as are necessary to obviate any danger to persons using the road; and

(c) recover from that person any expenses thereby reasonably incurred by it.

F20 1980 NI 12

F21 2003 c. 21

Alteration of wall, fence or drain at side of road N.I.

83.—(1) Subject to paragraph (2), any person who alters any wall, fence or drain at the side of a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) does not apply to anything done—

(a) with the consent of the Department;

(b) in the course of constructing—

(i) a permitted means of access to a road within the meaning of Article 80(13);

(ii) any other means of access to any road, if planning permission has been granted in respect of the construction of that means of access; or

(iii) a milk tanker facility within the meaning of Article 81(10);

(c) for the sole purpose of repairing any lawful work or of restoring it to substantially the form in which it was at any time within the preceding 3 years;

(d) for the sole purpose of complying with a requirement attached under Article 3(4A) of the Private Streets (Northern Ireland) Order 1980F22 to a determination under Article 3(1) of that Order; or

(e) in relation to a road which is not a special road, by—

(i) a statutory undertaker in the exercise of a statutory power;

(ii) the operator of[F23 an electronic communications code network] in pursuance of any right conferred by or in accordance with the[F23 electronic communications code]; or

(iii) the holder of a licence under Article 10(1) of the Electricity Order in pursuance of any right conferred by or in accordance with Schedule 4 to that Order.

(3) Where—

(a) a person has carried out any alteration in contravention of paragraph (1); and

(b) the Department considers that the alteration constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—

(i) carry out such works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(4) Any person convicted of an offence under paragraph (1) shall, within such period as the court may allow—

(a) restore anything altered in contravention of that paragraph; and

(b) make good any damage to the road,

and if he fails to do so he shall be guilty of an offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day upon which that failure continues.

(5) Where a person who has been convicted of an offence under paragraph (1) becomes liable to prosecution for an offence under paragraph (4), the Department may itself do anything which he has failed to do and recover from that person any expenses thereby reasonably incurred by it.

(6) A consent under paragraph (2)(a) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(7) A consent under paragraph (2)(a) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper completion of the alteration to which the consent relates; and

(b) the safety and convenience of traffic.

(8) Without prejudice to the generality of paragraph (7), a consent under paragraph (2)(a) may be given subject to conditions—

(a) designed to ensure—

(i) safe access to the road for traffic likely to use the road for any purpose relating to the alteration to which the consent relates; and

(ii) the provision of adequate accommodation adjoining the road for vehicles which, by waiting to load or unload or otherwise using the road for any purpose relating to any such alteration, might reasonably be expected to obstruct the traffic on the road;

(b) requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the alteration to which the consent relates;

(c) requiring the person to whom the consent is given to insure against such risks in connection with the alteration to which the consent relates as the Department may specify.

(9) Any person who—

(a) carries out any alteration in pursuance of a consent given under paragraph (2)(a); and

(b) fails to comply with any condition subject to which that consent was given,

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

(10) Where it appears to the Department that a person has contravened paragraph (9), then (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(a) revoke the consent given to that person under paragraph (2)(a);

(b) restore anything altered in pursuance of that consent and make good any damage to the road; and

(c) recover from that person any expenses thereby reasonably incurred by it.

(11) In this Article—

• “alter” includes remove;

• “drain” has the same meaning as in Article 45(9).

F22 1980 NI 12

F23 2003 c. 21

Provisions supplementary to preceding provisions of this Part N.I.

84.—(1) Any person aggrieved by—

(a) the refusal of the Department to give its consent under—

(i) Article 72(2)(a);

(ii) Article 73(2)(a);

(iii) Article 77(1);

(iv) Article 78(2)(a);

(v) Article 80(1);

(vi) Article 81(1);

(vii) Article 82(2)(a);

(viii) Article 83(2)(a);

(b) any condition subject to which any such consent is given;

(c) the refusal of the Department to issue a licence under Article 74(1), 75,F24 76 or 79; or

(d) any condition subject to which any such licence is issued,

may, within 21 days of receiving notice thereof, appeal to the planning appeals commission by notice in writing under this Article.

(2) Before determining an appeal under this Article the planning appeals commission shall, if either the appellant or the Department so desires, afford to each of them an opportunity of appearing before and being heard by the commission.

(3) Every notice of appeal to the planning appeals commission under this Article shall be accompanied by such fee (if any) as the Department may by regulations prescribe.

(4) Summary proceedings for an offence under any of the preceding provisions of this Part shall not be commenced after the expiration of—

(a) a period of 6 months from the date on which evidence sufficient in the opinion of the Department to justify a prosecution for the offence comes to the knowledge of the Department; or

(b) a period of one year from the date on which the offence was committed or ceased to continue,

whichever period last expires.

(5) For the purposes of paragraph (4) a certificate purporting to be signed by the secretary of, or other officer authorised by, the Department as to the date on which such evidence as is mentioned in that paragraph comes to the knowledge of the Department shall be conclusive evidence thereof.

(6) Nothing in any of the preceding provisions of this Part applies in relation to anything done for the sole purpose of complying with any requirement of a notice served under any of Articles 50 to 57.

F24 prosp. subst. by 1995 NI 19

Other interference with roads N.I.

Causing damage to roads N.I.

85.—(1) Any person who, without lawful authority or reasonable excuse, deposits anything whatsoever on a road and thereby causes damage to it 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 causes damage to a road by digging, raising or carrying away any gravel, stones, sand or other materials from the side of the road, 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) a person has caused damage to a road in contravention of paragraph (1) or (2); and

(b) the Department considers that the damage constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under paragraph (1) or (2)) the Department may—

(i) carry out such works as are necessary to obviate the danger; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(4) Where a person convicted of an offence under paragraph (1) or (2) fails, within such period as the court may allow, to make good any damage to the road, the Department may—

(a) make good any damage to the road; and

(b) recover from that person any expenses thereby reasonably incurred by it.

(5) In this Article “road” includes any part of an embankment supporting a road and any part of a bank which flanks a road.

Vehicle-crossings over footways and verges N.I.

86.—(1) Where the occupier of any land adjoining or having access to a road habitually takes or permits to be taken a mechanically-propelled vehicle across a kerbed footway or a verge in the road to or from that land, the Department may serve a notice on the owner and the occupier of that land requiring that such works be executed for the construction of a vehicle-crossing over the footway or verge as may be specified in the notice.

(2) [F25 Subject to paragraph (3),] 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.

[F25 (3) The expenses that the Department may recover under Article 58(4)(b), as applied by paragraph (2), include the cost of any measures needing to be taken in relation to undertaker's apparatus in accordance with Article 44 of the Street Works (Northern Ireland) Order 1995.]

F25 1995 NI 19

Advertisements, pictures, signs, etc. N.I.

87.—(1) Any person who, without lawful authority—

(a) paints or otherwise inscribes or affixes any picture, letter, sign or mark; or

(b) displays any advertisement,

upon the surface of a road or upon any tree, structure or other works in or on a road, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) Where any person contravenes paragraph (1), the Department may (whether or not any proceedings are instituted for an offence under that paragraph)—

(a) remove anything painted, inscribed, affixed or displayed in contravention of paragraph (1) and make good any damage done to the road or to the tree, structure or other works in question; and

(b) recover from that person any expenses thereby reasonably incurred.

(3) The Department may serve on the owner of any structure or other works in or on a road a notice requiring him, within 21 days of the service of the notice, to remove anything painted, inscribed, affixed or displayed on the structure or other works in contravention of paragraph (1).

(4) Where a person on whom a notice is served under paragraph (3) fails to comply with that notice within the period specified in that paragraph, the Department may—

(a) do anything which that person has failed to do; and

(b) recover from that person any expenses thereby reasonably incurred by it.

(5) Paragraph (1) does not apply to an advertisement relating specifically to a pending parliamentary election or to a pending election to the Assembly or a district council.

(6) Where an advertisement mentioned in paragraph (5) is displayed upon the surface of a road or upon a tree, structure or other works in or on a road in contravention of regulations under [F26 section 130 of the Planning Act (Northern Ireland) 2011] , the Department may serve a notice on the person who displayed the advertisement requiring him to remove the advertisement within 21 days of the service of the notice.

(7) Where any person on whom a notice is served under paragraph (6) fails to comply with that notice within the period specified in that paragraph, the Department may—

(a) do anything which that person has failed to do; and

(b) recover from that person any expenses thereby reasonably incurred by it.

(8) Paragraphs (3) and (4) apply to any advertisement mentioned in paragraph (5) which is displayed in contravention of regulations under [F27 section 130 of the Planning Act (Northern Ireland) 2011] as they apply in relation to anything displayed in contravention of paragraph (1).

(9) For the purposes of this Article a person displays an advertisement if—

(a) he undertakes or maintains, whether by himself or by a servant or agent, the display of the advertisement; or

(b) his goods, trade, business or other concerns are given publicity by the advertisement,

but a person shall not be guilty of an offence under paragraph (1) by reason only that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves [F28 either of the matters specified in paragraph (9A)] .

[F29 (9A) The matters are that—

(a) the advertisement was displayed without his knowledge; or

(b) he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.]

F30 (10) In this Article—

• “advertisement” has the same meaning as in [F30 section 250(1) of the Planning Act (Northern Ireland) 2011] ;

• “remove” includes obliterate;

• “road” includes any retaining wall or flank wall belonging to a road.

(11) Section 1(1)(c) of the Printed Documents Act (Northern Ireland) 1970F31 shall, in its application to an advertisement printed by any person, have effect as if the reference to a member of the Royal Ulster Constabulary included a reference to the Department acting in pursuance of its functions under this Article [F32 and to an authorised officer of a district council (within the meaning of section 26 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011) acting in connection with an offence under paragraph (1).]

F26 Words in art. 87(6) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 67(a) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 as amended (16.3.2016) by S.R. 2016/159, art. 2)

F27 Words in art. 87(8) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 67(b) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 as amended (16.3.2016) by S.R. 2016/159, art. 2)

F28 Words in art. 87(9) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 38(5), 78; S.R. 2012/13, art. 2(2), Sch. 2

F29 Art. 87(9A) inserted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 38(6), 78; S.R. 2012/13, art. 2(2), Sch. 2

F30 Words in art. 87(10) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 67(c) (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 as amended (16.3.2016) by S.R. 2016/159, art. 2)

F31 1970 c. 30 (N.I.)

F32 Words in art. 87(11) added (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 26(12), 78; S.R. 2012/13, art. 2(2), Sch. 2

Obstruction of roads N.I.

88.  Any person who, without lawful authority or reasonable excuse, in any way intentionally or negligently obstructs the free passage along a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Lighting fires or discharging fireworks near a road N.I.

89.  Where—

(a) any person, without lawful authority or reasonable excuse, lights a fire or discharges a firework within 15 metres of the centre of a road; and

(b) in consequence any person or traffic using the road is injured, endangered or interrupted,

the first-mentioned person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Pitching stalls or offering things for sale on a road N.I.

90.—(1) Any person who, on a road, without lawful authority—

(a) pitches a booth, stall or stand; or

(b) subject to paragraph (2), offers or exposes anything for sale, or for the purpose of sale,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) A person shall not be guilty of an offence under paragraph (1)(b) if he offers or exposes anything for sale in circumstances where, by virtue of[F33 section 2 of the Street Trading Act (Northern Ireland) 2001, he would not be required to obtain a street trading licence or a temporary licence under that Act] authorising him so to do.

(3) Any person convicted of an offence under paragraph (1) shall, within such period as the court may allow, remove from the road any booth, stall or stand, or any thing offered or exposed for sale, and if he fails to do so he shall be guilty of an offence and be liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day upon which that failure continues.

(4) Where a person who has been convicted of an offence under paragraph (1) becomes liable to prosecution for an offence under paragraph (3), the Department may itself do anything which he has failed to do, and may recover from him any expenses thereby reasonably incurred by it.

(5) Where—

(a) any thing has been removed by the Department under paragraph (4); and

(b) it has not been recovered by its owner within 21 days from the day on which it was removed,

the Department may dispose of it in such manner as the Department thinks fit.

(6) Where any thing is disposed of by sale under paragraph (5) the expenses of removal and sale shall be defrayed out of the proceeds thereof and the balance of the proceeds (if any) shall be given to the owner if known and if not shall be applied in the same manner as is provided for with respect to fines by section 20 of the Administration of Justice Act (Northern Ireland) 1954F34 .

(7) Where the Department disposes of any thing under paragraph (5)—

(a) by sale and the proceeds are not sufficient to defray the Department's expenses; or

(b) in some manner other than by sale,

the Department may recover from the owner thereof any expenses reasonably incurred by it in removing and disposing of the thing.

F33 2001 c. 8 (NI)

F34 1954 c. 9 (N.I.)

Encamping on a road N.I.

91.—(1) Any person who without reasonable excuse encamps, or maintains an encampment consisting of a tent, caravan or any other form of shelter, on a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) Where a person has contravened paragraph (1), the Department may serve on him a notice requiring him to remove the encampment within such period as may be specified in the notice.

(3) Where, on a complaint made by the Department, a court of summary jurisdiction is satisfied that a person—

(a) has contravened paragraph (1); and

(b) has failed to comply with a notice served on him under paragraph (2),

the court may make an order requiring that person to remove the encampment.

Playing games on a road N.I.

92.  Any person who plays a game on a road to the danger of any person using the road, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Animals on a road N.I.

93.—(1) Any person who—

(a) turns loose any animal onto a road; or

(b) by negligence or illusage in driving any animal on a road causes any person to be injured or property to be damaged by such animal,

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

(2) If any animal is at any time found wandering or lying on or at the side of the road, the keeper thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) For the purposes of paragraph (2) it shall be a defence for the keeper of an animal to show—

(a) that he took reasonable precautions to prevent the animal from wandering onto the road; or

(b) that the animal had wandered onto the road from unfenced land and that—

(i) the land is situated in an area where fencing is not customary, and

(ii) that he had a right to place the animal on that land.

(4) In this Article—

• “animal” means any horse (including pony, ass and mule), cattle, sheep, goat or swine or any deer not in the wild state; and

• “keeper” has the same meaning as in Article 2(2)(b) of the Animals (Northern Ireland) Order 1976F35 .

F35 1976 NI 13

Depositing of things on roads N.I.

94.—(1) Any person who deposits, or causes or permits to be deposited, building materials, rubble, rubbish, compost, dung or any other thing whatsoever on a road in such a position as to cause, or be likely to cause, any obstruction or danger, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(2) Where—

(a) a person deposits, or causes or permits to be deposited on a road any thing mentioned in paragraph (1); and

(b) the Department considers that the thing in question constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under that paragraph) the Department may remove the thing or take such other steps as are necessary to obviate the danger.

(3) Where—

(a) a person is convicted of an offence under paragraph (1); and

(b) he does not, within such period as the court may allow, remove the thing in question from the road,

the Department may itself remove that thing from the road.

(4) The Department may dispose of any thing removed by it under paragraph (2) or (3) in such manner as it thinks fit.

(5) Where any thing is disposed of by sale under paragraph (4) the expenses of removal and sale shall be defrayed out of the proceeds thereof and the balance of the proceeds (if any) shall be given to the owner if known and if not shall be applied in the same manner as is provided for with respect to fines by section 20 of the Administration of Justice Act (Northern Ireland) 1954F36 .

(6) Where the Department disposes of any thing under paragraph (4)—

(a) by sale and the proceeds are not sufficient to defray the Department's expenses; or

(b) in some manner other than by sale,

the Department may recover from the person who deposited that thing on the road any expenses reasonably incurred by it in removing and disposing of the thing.

F36 1954 c. 9 (N.I.)

Matter spilling or flowing onto roads from vehicles or adjoining land N.I.

95.—(1) Any person who, being in charge of a vehicle on a road, permits any solid or liquid matter from the vehicle, or being carried on the vehicle, to drop or be spilled on the carriageway of a road in such quantity as to create, or be likely to create, a danger or substantial inconvenience to persons using the road, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) For the purposes of paragraph (1)—

(a) a person is in charge of a vehicle if, as owner or otherwise, he has immediate charge or control of the vehicle, or if he is entitled to give orders to the person having such charge or control; and

(b) “vehicle” includes anything towed by a vehicle.

(3) Any person who intentionally or recklessly permits any filth, dirt, lime, oil or other offensive matter to run or flow onto a road from any adjoining land shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) Where—

(a) a person permits any matter to drop or be spilled on, or run or flow onto, a road in contravention of paragraph (1) or (3); and

(b) does not remove that matter as soon as is practicable,

then (whether or not proceedings are instituted for an offence under paragraph (1) or (3)) the Department may—

(i) remove that matter from the road, and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(5) The Department may dispose of any matter removed by it under paragraph (4) in such manner as it thinks fit.

(6) Where a person is convicted of an offence under paragraph (3), the Department may serve a notice on him requiring him to carry out such works as are necessary to prevent further matter running or flowing onto a road in contravention of that paragraph.

(7) Article 58 applies to a notice served under paragraph (6) as it applies to a notice served as mentioned in paragraph (1) of that Article.

Control of builders' skips N.I.

96.—(1) The owner of a builder's skip who causes or permits it to be deposited in such a position on a road as to cause or be likely to cause a danger to persons using or entering the road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The Department may make regulations specifying conditions subject to which builders' skips may be deposited on roads, and, in particular, conditions relating to—

(a) the siting of skips,

(b) the marking on skips of the name and telephone number or address of the owner thereof,

(c) their dimensions,

(d) the manner in which they are to be coated with paint or other material for the purpose of making them immediately visible to oncoming traffic,

(e) the care and disposal of their contents,

(f) the times at and manner in which they are to be lighted or guarded,

(g) their removal.

(3) Regulations made under paragraph (2) may specify positions and circumstances in which the owner of a builder's skip shall not cause or permit it to be deposited on roads without obtaining the consent of the Department.

(4) Where the owner of a builder's skip contravenes any regulations made under paragraph (2), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Where the commission by any person of an offence under paragraph (1) or (4) is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(6) In any proceedings for an offence under paragraph (1) or (4) it shall, subject to paragraph (7), be a defence for the person charged to prove that the commission of the offence was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(7) A person charged with an offence under paragraph (1) or (4) shall not, without leave of the court, be entitled to rely on the defence provided by paragraph (6) unless, within a period ending 7 days before the hearing, he has served on the complainant a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

(8) The person to whom a consent is issued under this Article in respect of a builder's skip shall indemnify the Department against any claim in respect of injury, damage or loss arising out of the deposit or presence of that skip on a road, other than a claim in respect of injury, damage or loss which is attributable to the negligence of the Department.

(9) Nothing in this Article shall be taken as authorising the creation of a nuisance or danger to persons using or entering a road.

(10) In this Article andF37 in Article 97—

• “builder's skip” means a container designed to be carried on a vehicle and to be placed on a road or other land for the storage of builders' materials, or for the removal and disposal of rubble, waste, household and other rubbish or earth;

• “constable” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;

• “owner”, in relation to a builder's skip which is the subject of a hiring agreement, being an agreement for a hiring of not less than one month, or a hire purchase agreement, means the person in possession of the skip under that agreement;

• “police officer” means a member of the Royal Ulster Constabulary not below the rank of Inspector.

F37 prosp. subst. by 1995 NI 19

Removal of builders' skips N.I.

97.—(1) Where a builder's skip has been deposited on a road an officer authorised by the Department or a constable in uniform may require the owner of the skip to remove or reposition it, or cause it to be removed or repositioned, notwithstanding that the skip has been deposited on the road in accordance with conditions specified in regulations made under Article 96(2).

(2) A person required to remove or reposition, or cause to be removed or repositioned, a skip under a requirement made by virtue of paragraph (1) shall comply with the requirement as soon as practicable, and if he fails to do so he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) An officer authorised by the Department or a constable in uniform may remove or reposition a builder's skip or cause it to be removed or repositioned.

(4) Where a skip has been removed under paragraph (3), the Department or, as the case may be, a police officer shall, where practicable, notify the owner of its removal, but if the owner cannot be traced, or if after a reasonable period of time after being so notified he has not paid any expenses recoverable from him under paragraph (5) and recovered the skip, the Department or a police officer may dispose of the skip and its contents.

(5) Any expenses reasonably incurred by the Department or a police officer in the removal or repositioning of a skip under paragraph (3) or the disposal of a skip under paragraph (4) may be recovered from the owner of the skip.

(6) The Department or a police officer may retain any skip removed under paragraph (3) until any expenses recoverable by virtue of paragraph (5) in respect of the removal have been recovered.

(7) Any proceeds of such a disposal as is mentioned in paragraph (4) shall be used in the first place to meet the expenses reasonably incurred in the removal and disposal of the skip and its contents and thereafter any surplus shall be given to the person entitled thereto if known and if not shall be applied in the same manner as is provided for with respect to fines by section 20 of the Administration of Justice Act (Northern Ireland) 1954F38 .

(8) References in this Article to expenses incurred in the removal of a builder's skip shall include references to expenses incurred in storing the skip until it is recovered by the owner or, as the case may be, disposed of.

F38 1954 c. 9 (N.I.)