PART 4OPERATION OF TRANSLINK

Power to operate and use Translink

29.—(1) The Council may operate and use the authorised busway and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods and that system is referred to in this Order as Translink.

(2) Subject to paragraph (4) and to article 42 (power to transfer undertaking), the Council shall, for the purpose of operating Translink, have the exclusive right—

(a)to use the authorised busway and other apparatus used for the operation of Translink, and

(b)to occupy any part of the street in which that apparatus is situated.

(3) Any person who, without the consent of the Council or other reasonable excuse, uses Translink or the apparatus mentioned in paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) Nothing in this article shall restrict the exercise of any public right of way over any part of a street in which apparatus is situated in pursuance of paragraph (2) except to the extent that the exercise of the right is constrained by the presence of the apparatus.