Northern Ireland (Emergency Provisions) Act 1996 (repealed)

27 Power of Secretary of State to direct the closure, etc. of roads.F1 F2 N.I.

(1) If the Secretary of State considers it necessary to do so for the preservation of the peace or the maintenance of order he may by order direct—

(a) that any highway specified in the order shall either be wholly closed or be closed to such extent, or diverted in such manner, as may be so specified;

(b) that any highway specified in the order, being a highway which has already been wholly or partly closed or diverted—

(i) under this section; or

(ii) in the exercise or purported exercise of any power conferred by or under a relevant enactment,

shall continue to be so closed or diverted by virtue of the order.

(2) A person is guilty of an offence if, without lawful authority or reasonable excuse (the proof of which lies on him), he interferes with—

(a) works executed in connection with the closure or diversion of any highway specified in an order under this section (whether executed in pursuance of any such order or in pursuance of the exercise or purported exercise of any such power as is mentioned in subsection (1)(b)(ii)); or

(b) apparatus, equipment or any other thing used in pursuance of any such order in connection with the closure or diversion of any such highway.

(3) A person is guilty of an offence if—

(a) within 200 metres of any road closure works—

(i) he executes any bypass works; or

(ii) without lawful authority or reasonable excuse (the proof of which lies on him) he has in his possession or under his control any materials or equipment suitable for executing bypass works; or

(b) he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a).

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(5) In this section—

• “bypass works” means works that would facilitate the bypassing by vehicles of the road closure works in question;

• “relevant enactment” means section 26(2) or (3) above, section 17(2) or (3) of the M1 Northern Ireland (Emergency Provisions) Act 1973, section 19(2) or (3) of the M2 Northern Ireland (Emergency Provisions) Act 1978, section 24(2) or (3) of the M3 Northern Ireland (Emergency Provisions) Act 1991 or the M4 Civil Authorities (Special Powers) Act (Northern Ireland) 1922;

• “road closure works” means works which have been executed in connection with the closure of a highway specified in an order under this section or with the closure of a highway in pursuance of the exercise or purported exercise of any power conferred by or under a relevant enactment.

(6) Nothing in this section prejudices the operation of section 26(2) or (3).

Marginal Citations

M1 1973 c. 53.

M2 1978 c. 5.

M3 1991 c. 24.

M4 1922 c. 5 (N.I.).

Textual Amendments applied to the whole legislation

F1 Act repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, arts. 2, 3

F2 Act ceased to have effect (subject to temporary extension of specified provisions as mentioned below) (20.7.2000) (temporary extension: by ss. 2(2), 128, Sch. 1 paras. 1, 2(1) of 2000 c. 11 there is continued in force for a period of 12 months beginning with 20.7.2000 any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 by virtue of an order under s. 62(3) of this Act)

Act wholly repealed (19.2.2001) by virtue of 2000 c. 11, ss. 2(1)(b), 125(2), 128, Sch. 16 Pt. I; S.I. 2001/421, art. 2