The Roads (Northern Ireland) Order 1993

• Citation: S.I. 1993/3160 (N.I.)
• Sections: 217

Section 1 Title and commencement

(1) This Order may be cited as the Roads (Northern Ireland) Order 1993.

(2) This Order shall come into operation on the expiration of 2 months from the day on which it is made.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“bridge” includes a footbridge;

“building” includes any erection of whatsoever material in whatsoever manner constructed, any part of a building, and any addition to an existing building;

“carriageway” means a way constituted or comprised in a road being a way over which the public have a right of way for the passage of vehicles;

“classified road” means a road classified in accordance with Article 13;

“the Department” means the Department of the Environment;

“the Electricity Order” means the Electricity (Northern Ireland) Order 1992;

“fence” includes a paling;

“footway” means a way comprised in a road which also comprises a carriageway, being a way over which the public have a right of way on foot only;

“maintenance compound” means an area (with or without buildings) used or to be used in connection with the maintenance of roads or a particular road;

“navigable waters” and “navigable watercourse” means waters and a watercourse, respectively, over which a public right of navigation exists;

“operator”, in relation to a telecommunications code system, has the same meaning as in Schedule 4 to the Telecommunications Act 1984;

“owner” in relation to land, means any person for the time being receiving or entitled to receive the rack rent of any land, whether on his own account or as agent or trustee for another or who, if the land were let at a rack rent, would so receive or be entitled to receive that rent

“planning permission” means planning permission granted under section 45(1) of the Planning Act (Northern Ireland) 2011 ;

“the Planning Order” means the Planning (Northern Ireland) Order 1991;

“proposed road” means land upon which the Department is for the time being constructing or intending to construct a road or part of a road in accordance with plans made by it;

“protected street” has the same meaning as in Article 21 of the Street Works Order;

“road” means a public road, that is to say a road which is maintainable by the Department, and includes—

a road over which the public have a right of way on foot only, not being a footway;

any part of a road; and

any bridge or tunnel over or through which a road passes;

and “special road” and “trunk road” shall be construed accordingly;

“the Road Traffic Order” means the Road Traffic (Northern Ireland) Order 1981;

“service area” means an area of land adjoining, or in the vicinity of, a special road, being an area in which there are, or are to be provided, service stations or other buildings or facilities to be used in connection with the use of the special road;

“special road” means a road designated as a special road under Article 15 and includes all land vested in or held by the Department for the purposes of its functions under Part III in connection with that road;

“statutory power” means a power conferred by or in accordance with this Order or any other statutory provision;

“statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954;

“statutory undertaker” means—

a universal service producer (within the meaning of Part 3 of the Postal Services Act 2011 ) in connection with the provision of a universal postal service (within the meaning of that Part )

the railway undertaking within the meaning of the Transport Act (Northern Ireland) 1967;

a holder of a licence under Article 8 of the Gas ( NI ) Order 1996;

a water undertaker or a sewerage undertaker;

any body or person authorised by any statutory provision to carry on any harbour or dock undertaking;

any other body or person prescribed by regulations made by the Department;

“street works licence” means a licence under Article 11 of the Street Works Order;

“the Street Works Order” means the Street Works (Northern Ireland) Order 1995;

“swing bridge” includes a bridge which opens by any mechanical means;

“transferred provision” has the same meaning as in section 1(g) of the Interpretation Act (Northern Ireland) 1954;

“trunk road” means a road designated as a trunk road under Article 14;

“wall” includes any partition of whatsoever material constructed and any bank;

Definitions rep. by 2003 c. 21

Section 3 Construction of new roads

The Department may construct a new road where it appears to the Department expedient to do so for the purpose of facilitating road traffic.

Section 4 Construction of bridges and tunnels in relation to navigable waters

(1) The Department may by order provide for the construction as part of a road or as part of a new means of access to any land from a road—

(a) of a bridge over any navigable waters specified in the order (whether the sea, a river or other navigable waters); or

(b) of a tunnel under any such waters.

(2) An order under paragraph (1)—

(a) shall include such information as may be necessary to indicate the position and minimum dimensions of the bridge or tunnel (including, for a bridge, its minimum spans, headways and waterways and, for a tunnel, its minimum depth below the bed of the navigable waters); and

(b) shall, if it relates to the construction of a swing bridge, contain such provisions as the Department considers expedient for regulating the operation of the bridge.

(3) Before making an order under paragraph (1) the Department shall take into consideration the reasonable requirements of navigation over the waters affected by the order.

Section 5 Diversion of navigable watercourses

(1) The Department may by order provide for the diversion of such part of a navigable watercourse as is specified in the order if the Department considers the diversion necessary or desirable in connection with—

(a) the construction, improvement or alteration of a road;

(b) the construction of a bridge over or tunnel under any navigable waters;

(c) the provision of a new means of access to any land from a road;

(d) the provision of a maintenance compound or service area;

(e) the provision of a parking place for vehicles under Article 10 of the Road Traffic Regulation (Northern Ireland) Order 1997 ; or

(f) the exercise by the Department of its powers under Article 115.

(2) Where a navigable watercourse is to be diverted in pursuance of an order made under paragraph (1), any new length of watercourse provided in pursuance of that order shall be such as will or, but for any bridge or tunnel constructed over or under it in pursuance of an order under Article 4, would be navigable in a reasonably convenient manner by vessels of a kind which immediately before the commencement of the order were accustomed to use that part of the watercourse which is to be replaced by the new length.

(3) Where by virtue of an order made under paragraph (1) the Department may divert any part of a navigable watercourse it may also divert any towing path or way adjacent to that part.

(4) Paragraph (5) shall have effect where—

(a) works for the diversion of a navigable watercourse have been carried out by the Department in accordance with an order made under paragraph (1); and

(b) any person has suffered damage in consequence of the works mentioned in sub-paragraph (a)—

(i) by the depreciation of any estate in any land to which he is entitled; or

(ii) by reason of the fact that his right of access to a navigable watercourse has been interfered with or extinguished.

(5) A person shall be entitled to receive compensation from the Department under this paragraph in respect of the damage where works of the type mentioned in paragraph (4) are carried out unless the works were carried out on land, or in exercise of rights, vested in the Department under Article 110 or 111 or vested in the Department or any of its predecessors in title under any former statutory provision corresponding to Article 110 or 111.

(6) Any question of disputed compensation arising under paragraph (5) shall be referred to and determined by the Lands Tribunal.

Section 6 Extinguishment of certain public rights over navigable waters and foreshore

The Department may, if it considers it necessary or desirable to do so in connection with any matter mentioned in Article 5(1), by order extinguish—

(a) any public rights over or in relation to such part of the foreshore as is specified in the order;

(b) any public rights of navigation over such part of any navigable waters (whether the sea, a river or other navigable waters) as is specified in the order.

Section 7 Power to conduct experiments

(1) The Department may, either by itself or through any authority or organisation approved by it, conduct experiments or trials—

(a) for the improvement of the construction of roads;

(b) for testing the effect of various classes of vehicles on various types of roads; or

(c) for any other purpose connected with any function of the Department in respect of roads,

and may construct such roads and works, erect such plant and provide such accommodation as may be necessary.

(2) Subject to paragraph (3), any person who suffers damage by reason of anything done in the exercise of the powers conferred by this Article shall be entitled to recover compensation from the Department in respect of that damage.

(3) A person shall not be entitled to compensation under paragraph (2) if the damage was caused by his own negligence; and if his own negligence contributed to the damage the compensation shall be reduced accordingly.

Section 8 Duty to maintain roads

(1) The Department shall be under a duty to maintain all roads and for that purpose may provide such maintenance compounds as it thinks fit.

(2) In an action against the Department in respect of injury or damage resulting from its failure to maintain a road it shall be a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove—

(a) that the Department had taken such care as in all the circumstances was reasonably required to secure that the part of the road to which the action relates was not dangerous for traffic; or

(b) that the injury or damage—

(i) resulted from works (other than works by or on behalf of the Department) carried out on or under that part of the road to which the action relates; and

(ii) resulted from an event which occurred before the completion of the re-instatement or making good of that part of the road in accordance with any relevant requirement.

(3) For the purposes of a defence under paragraph (2)(a) the court shall in particular have regard to the following matters—

(a) the character of the road, and the traffic which was reasonably expected to use it;

(b) the standard of maintenance appropriate for a road of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the road;

(d) whether the Department knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to users of the road;

(e) where the Department could not reasonably have been expected to repair that part of the road before the cause of action arose, what warning notices of its condition had been displayed;

but, for the purposes of such a defence, it shall not be relevant to prove that the Department had arranged for a competent person to carry out or supervise the maintenance of the part of the road to which the action relates, unless it is also proved that the Department had given him proper instructions with regard to the maintenance of the road and that he had carried out the instructions.

(4) In paragraph (2)(b) “relevant requirement” means a requirement imposed by or under this Order or any other statutory provision or rule of law or by, or in connection with the issue of, any approval, consent, licence, notice or permission issued under this Order or any other statutory provision.

Section 9 Treatment of roads affected by snow and ice

(1) The Department may take such steps as it considers reasonable and practicable to prevent snow or ice interfering with the safe passage of persons and vehicles using a road.

(2) Without prejudice to the generality of paragraph (1), the Department may—

(a) enter into arrangements with any person for the treatment of roads affected by snow or ice;

(b) place receptacles on roads for the purpose of making available to persons using a road affected by snow or ice material for the treatment of that road.

(3) Nothing in this Article operates to confer on any person a right of action in tort against the Department for failing to exercise any power conferred on it under this Article or in respect of injury or damage resulting from the presence of snow or ice on a road.

Section 10 Duty to remove snow, soil, etc. which has fallen on a road

(1) If an obstruction occurs in a road from accumulation of snow or from the falling down of banks on the side of the road, or from any other cause, the Department shall remove the obstruction.

(2) If the Department fails to remove an obstruction which it is its duty under this Article to remove, a court of summary jurisdiction may, on an application made by any person, declare the thing complained of to be an obstruction and state a period (not being less than 24 hours) within which the court considers it reasonable, having regard to all the circumstances of the case, that the obstruction should be removed.

(3) In considering whether to make a declaration under this Article and, if so, what period to state for the removal of the obstruction, the court shall in particular have regard to—

(a) the character of the road to which the complaint relates, and the nature and amount of the traffic by which it is ordinarily used;

(b) the nature and extent of the obstruction; and

(c) the resources of manpower, vehicles and equipment for the time being available to the Department for work on roads and the extent to which those resources are being, or need to be, employed by the Department on such work elsewhere.

(4) Where the Department has a duty under this Article to remove an obstruction from a road, it may—

(a) take any reasonable steps (including the placing of lights, signs and fences on the road) for the purpose of warning users of the road of the obstruction;

(b) dispose of anything removed in carrying out its duty, unless the thing is claimed by its owner before the expiration of 7 days from the date of its removal;

(c) without prejudice to Article 48 but subject to paragraph (5), recover from the owner of the thing which caused or contributed to the obstruction any expenses reasonably incurred by it as respects the obstruction in carrying out its duty and in exercising any powers conferred by this paragraph.

(5) No expenses shall be recoverable under paragraph (4)(c) from a person who proves that he took reasonable care to secure that the thing in question did not cause or contribute to the obstruction.

(6) An application under paragraph (2) shall be initiated by notice in accordance with Part VII of the Magistrates' Courts (Northern Ireland) Order 1981 .

(7) Nothing in this Article operates to confer on any person a right of action in tort against the Department for failing to carry out any duty imposed on it under this Article.

Section 11 Extraordinary traffic

(1) Subject to paragraph (4), where as respects any road it appears to the Department that, having regard to the usual expense of maintaining the road or the average expense of maintaining similar roads in the neighbourhood, extraordinary expenses have been incurred by the Department in maintaining the road by reason of the damage caused by—

(a) excessive weight passing along the road; or

(b) other extraordinary traffic thereon,

the Department may recover from any person (in this Article referred to as “the operator”) by or on behalf of whom the traffic has been conducted any expenses reasonably incurred by the Department in consequence of that damage.

(2) Where it appears to the Department that expenses in respect of the maintenance of any road may be recoverable from any person under paragraph (1), the Department may by notice in writing require that person to give the Department such information about traffic conducted on that road by or on behalf of that person as the Department may reasonably require for the purposes of that paragraph.

(3) Any person required to give information in pursuance of paragraph (2) who without reasonable excuse fails to give, or knowingly misstates, that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) An operator shall not be liable to proceedings under paragraph (1) in respect of any damage caused by extraordinary traffic to a road if—

(a) before traffic which may cause such damage commences, he admits liability in respect of such traffic and enters into either of the following agreements with the Department, namely—

(i) an agreement for the payment by the operator to the Department of a sum by way of a composition of that liability; or

(ii) an agreement for the payment by the operator to the Department at the end of each of such periods as may be specified in the agreement of the expenses reasonably incurred in that period by the Department in consequence of the damage caused by the extraordinary traffic; and

(b) payment is made to the Department in accordance with any such agreement.

(5) Before extraordinary traffic which may cause damage to a road commences, the Department may serve on a person a notice inviting that person—

(a) to admit liability in respect of that traffic; and

(b) to indicate whether he wishes to enter into an agreement with the Department under paragraph (4)(a) and, if so, whether he wishes to enter into an agreement under head (i) or head (ii) of that sub-paragraph.

(6) The sum to be paid by an operator to the Department under an agreement under paragraph (4)(a)(i) and the amount of each payment to be made by an operator to the Department under an agreement under paragraph (4)(a)(ii) shall be such as may be agreed between the operator and the Department or, in default of agreement, such as may be determined by arbitration.

(7) Proceedings for the recovery of any sums under this Article shall not be commenced after the expiration of three years from—

(a) the date on which the damage came to the knowledge of the Department; or

(b) where the damage is in consequence of any particular building contract or other work extending over a long period, the date on which the contract or work was completed,

whichever is the later.

(8) References in this Article to expenses reasonably incurred by the Department in consequence of damage caused to a road by extraordinary traffic include references to expenses reasonably incurred by the Department on works to prevent or mitigate anticipated damage to the road by such traffic.

Section 12 Road bridges over railways

(1) This Article applies to a bridge transferred to the Department by virtue of Article 11 of the Roads (Northern Ireland) Order 1980 .

(2) Any statutory provision in force in relation to the bridge for the benefit or protection of any statutory undertaker or the operator of an electronic communications code network or the holder of a licence under Article 10(1) of the Electricity Order shall have effect, subject to any necessary modifications, as if for any reference therein to the railway undertaking there were substituted a reference to the Department.

(3) The Department shall not reduce the headway or spans of any bridge to which this Article applies without the consent of the railway undertaking.

(4) Any consent required for the execution of any works by the Department under paragraph (3) shall not be unreasonably withheld.

(5) Any dispute between the Department and—

(a) the railway undertaking as to whether or not consent is being unreasonably withheld under paragraph (4); or

(b) any person as to the property or liabilities transferred under Article 11 of the Roads (Northern Ireland) Order 1980,

shall be determined by arbitration.

(6) In this Article “the railway undertaking” has the same meaning as in the Transport Act (Northern Ireland) 1967 .

Section 13 Classification of roads

(1) The Department may by order classify roads in such a manner as appears to it to be expedient.

(2) An order under paragraph (1) may classify roads as being first-class roads, second-class roads or third-class roads, or as being of any other class specified in the order.

Section 14 Trunk roads

(1) Where the Department considers it expedient for the purpose of extending, improving or reorganising the trunk system that any road should be designated as a trunk road, the Department may by order direct that—

(a) any existing road;

(b) any road in the course of construction; or

(c) any road proposed to be constructed,

shall become a trunk road; and the trunk system shall be modified accordingly.

(2) In this Article “the trunk system” means the main system of routes for through traffic in Northern Ireland.

Section 15 Designation of special roads

(1) Where the Department considers it expedient that—

(a) any existing road;

(b) any road in the course of construction; or

(c) any road proposed to be constructed,

should be designated as a special road, the Department may make an order (a “designation order”) designating that road or proposed road as a special road.

(2) The Department shall not make a designation order in respect of an existing road unless it is satisfied that adequate alternative facilities for traffic, other than traffic authorised to use the road on its being opened for use as a special road, are available or will be made available before the date on which the road is opened for use as a special road.

(3) Without prejudice to any other provision of this Part, a designation order may authorise the Department to construct a new road where it appears to the Department to be necessary or desirable for any purpose connected with a special road and, where any such new road is constructed for temporary purposes, to close that road after such period as may be specified in or determined under the order.

Section 16 Classification of traffic for purposes of special roads

(1) A special road shall be for the use of such classes of traffic as may be prescribed in the designation order made in respect of that road and different classes of traffic may be so prescribed in relation to different parts of a special road.

(2) The classes of traffic prescribed by a designation order shall be prescribed by reference to the classes set out in Schedule 1.

(3) The Department may, by order made subject to negative resolution, vary the composition of any class of traffic set out in Schedule 1.

(4) An order under paragraph (3) may—

(a) provide that it does not affect the classes of traffic prescribed in an existing designation order; or

(b) contain provision applying the variations made by the order to existing designation orders, with or without exceptions.

(5) In paragraph (4) “existing designation order” means a designation order made before the order under paragraph (3) comes into operation.

Section 18 Restriction of access, etc. in connection with special roads

(1) Subject to paragraph (2), the Department may make an order to authorise—

(a) the stopping-up of any private means of access to land abutting on or adjacent to a special road or land forming the site of any works authorised by a designation order;

(b) the provision of new means of access to any such land.

(2) No order shall be made under paragraph (1)(a) unless the Department is satisfied that—

(a) access to the land is not reasonably required; or

(b) another reasonably convenient means of access to the land is available or will be provided in pursuance of an order made by virtue of paragraph (1)(b).

(3) Any person, other than a person authorised by the Department, who constructs or alters any means of access to a special road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Where—

(a) a person is convicted of an offence under paragraph (3); and

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

then the Department may itself—

(i) remove or restore 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.

Section 19 Compensation where rights of access stopped-up or restricted under Article 18

(1) Where—

(a) access to any land has been stopped-up in pursuance of an order made under Article 18(1)(a) or is limited by virtue of the restrictions imposed under this Part on the use of a special road; and

(b) any person has suffered damage in consequence thereof by the depreciation of any estate in the land to which he is entitled or by being disturbed in his enjoyment of the land,

he shall be entitled to recover from the Department compensation in respect of that damage.

(2) In assessing compensation to which any person is entitled by virtue of this Article regard shall be had to any new means of access provided or to be provided by the Department.

(3) Any question of disputed compensation arising under this Article shall be referred to and determined by the Lands Tribunal.

Section 20 Restrictions on use of special roads

(1) A special road shall not be used, except as provided by or under regulations made under this Article, by any traffic other than traffic of a class prescribed in relation to that road by the designation order made in respect of it.

(2) Until such date as may be declared by a notice published by the Department in the Belfast Gazette as the date on which a special road is open for use by traffic of the prescribed classes, no person shall use that special road unless he is authorised by the Department to do so.

(3) The Department may make regulations with respect to the use of special roads, and such regulations may, in particular—

(a) specify the manner in which and the conditions subject to which such roads may be used by traffic of the classes prescribed in relation to those roads in designation orders;

(b) authorise, or enable such authority as may be specified in the regulations to authorise, the use of such roads, on occasion or in emergency, or for the purpose of crossing, or for the purpose of securing access to land abutting on or adjacent to the roads, by traffic other than such traffic as aforesaid, or relax, or enable any such authority as aforesaid to relax, any prohibition or restriction imposed by the regulations.

(4) If any person uses a special road in contravention of paragraph (1) or (2), or of any regulations made under paragraph (3), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) This Article (other than paragraph (2) and so much of paragraph (4) as relates thereto) and any regulations made thereunder shall not apply to any part of a special road until the date declared by the notice mentioned in paragraph (2) as the date on which it is open for use by traffic of the prescribed classes, but nothing in this paragraph shall be construed as preventing the making of regulations under this Article so as to come into force, in relation to any such road, on that date.

Section 21 Prohibition and control of advertising, etc. on or near special roads

(1) Subject to paragraphs (2) and (3), any person who erects or exhibits or causes or permits to be erected or exhibited any advertisement or notice which is sited or designed wholly or mainly for the purpose of being visible to persons using a special road or which is likely to prejudice the safety of traffic using a special 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) shall not apply to—

(a) traffic signs or other notices erected or exhibited by, or by the direction of, an officer authorised by the Department or a member of the Royal Ulster Constabulary;

(b) advertisements or notices exhibited on any structure, wall, hoarding or other apparatus which was in use for the exhibition of advertisements or notices which are or would be visible to the users of a special road at the time of the first publication in relation to that road of the notice referred to in paragraph 1 of Schedule 8.

(3) The Department may by regulations exempt from the provisions of paragraph (1) advertisements or notices of any class or description specified in the regulations or situated in any areas so specified or which comply with such conditions, if any, as may be so specified.

(4) Any person convicted of an offence under paragraph (1) shall within such period as the court may allow remove any advertisement or notice exhibited or displayed in contravention of that paragraph, and if he fails to do so he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day upon which such failure continues.

(5) Where a person who has been convicted under paragraph (1) becomes liable to prosecution for an offence under paragraph (4), the Department may itself remove the advertisement or notice and do all such things as may be necessary for that purpose and may recover from that person any expenses thereby reasonably incurred by it.

(6) Where in the opinion of the Department any advertisement or notice referred to in paragraph (2)(b) is prejudicial to the safety of traffic using a special road, the Department may serve a notice upon the owner or occupier of the land on which the advertisement or notice is situated directing him to remove the advertisement or notice (including any structure, wall, hoarding or other apparatus on which the advertisement or notice is exhibited) and, where a notice is so served, paragraphs 3 to 8 of Schedule 4 shall apply as if the notice had been served under Article 49.

Section 22 Provision of service areas for users of special roads

The Department may provide, or arrange for the provision of, service areas for users of special roads.

Section 23 Concession agreements

(1) In this Part a “concession agreement” means an agreement entered into by the Department under which a person (the “concessionaire”), in return for undertaking such obligations as may be specified in the agreement with respect to the design, construction, maintenance, operation or improvement of a special road, is appointed to enjoy the right (conferred or to be conferred by a toll order under this Part) to charge tolls in respect of the use of the road.

References in this Part to a concession agreement are to the agreement as varied or supplemented from time to time.

(2) Except as otherwise expressly provided by any of the following provisions of this Part, the provisions of this Order apply in relation to a special road in relation to which a concession agreement is in force (referred to in this Part as a “road subject to a concession”) as in relation to any other special road.

(3) A concession agreement shall provide that any land held by the concessionaire which in the opinion of the Department is required, in connection with the matters provided for in the agreement, for any purpose for which the Department may acquire land under Part IX shall be transferred to the Department without payment.

(4) A concession agreement relating to the design and construction of a special road shall provide that if a designation order is not made in respect of the road or the Department decides not to proceed with the proposed road, the Department shall pay to the concessionaire such compensation in respect of costs incurred by him as may be determined in accordance with the agreement.

(5) A concession agreement relating to the design and construction of a special road shall provide that if the concessionaire fails to complete the road in accordance with the agreement, he shall, without prejudice to any other liability, pay to the Department such compensation as may be determined in accordance with the agreement in respect of costs incurred by the Department.

Those costs shall be taken to include the relevant administrative expenses of the Department, including an appropriate sum in respect of general staff costs and overheads.

(6) Nothing in this Part shall be construed as restricting the powers of the Department with respect to a road subject to a concession—

(a) as to the matters which may be provided for in the concession agreement or as to the making of agreements of any other description for any purpose connected with the special road; or

(b) as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the Department is required, in connection with the road, for any purpose for which the Department may acquire land under Part IX.

(7) Nothing in a concession agreement shall be construed as affecting the status of the road subject to the concession as a public road maintainable by the Department.

Section 24 Exercise of road functions by concessionaire

(1) A concession agreement may authorise the concessionaire to exercise on behalf of the Department such road functions to which this Article applies as may be specified in the agreement.

(2) For this purpose “road functions” means all functions in relation to the road subject to the concession which are exercisable by the Department and this Article applies to all such functions, except—

(a) powers to make orders or regulations under this Order;

(b) powers to make regulations or orders, or give directions, under the Road Traffic (Northern Ireland) Order 1995 and the Road Traffic Regulation (Northern Ireland) Order 1997 ; and

(c) such other functions as may be prescribed by the Department by regulations.

(3) A road function exercisable by the concessionaire may be exercised by the Department only—

(a) in an emergency; or

(b) if it appears to the Department that such exercise is necessary or expedient in the interests of road safety; or

(c) if it appears to the Department that the concessionaire has failed or is unable properly to discharge the function in any respect;

and the Department shall not be liable for anything done or omitted by the concessionaire in the exercise or purported exercise of a road function.

(4) The Department may recover from the concessionaire the costs incurred by it in exercising in the circumstances mentioned in paragraph (3)(a), (b) or (c) a road function exercisable by the concessionaire.

(5) The concessionaire shall in the exercise of a road function act in accordance with the terms of the concession agreement; and the agreement may provide for the withdrawal of the concessionaire's authority to exercise any such function.

Section 25 Provisions as to traffic regulation

(1) The following provisions have effect with respect to the operation of the Road Traffic Regulation (Northern Ireland) Order 1997 (in this Article referred to as “the Regulation Order”) in relation to a road subject to a concession.

(2) The Department shall consult the concessionaire before making any regulations or order under the Regulation Order specifically relating to the road.

(3) The concessionaire may cause or permit traffic signs (within the meaning of Article 2(2) of the Regulation Order ) to be placed on or near the road, but subject to any directions given by the Department.

If the concessionaire fails to comply with a direction of the Department as to the placing of traffic signs, the Department may carry out the work required and recover from the concessionaire the expenses reasonably incurred by it in doing so.

(4) The concessionaire may impose restrictions or prohibitions under Article 7 of the Regulation Order on the use of the road; and any such restrictions or prohibitions shall have the same effect as restrictions or prohibitions imposed by the Department.

(5) Article 7 of, and Schedule 3 to, the Regulation Order shall apply in relation to the imposition of restrictions or prohibitions by the concessionaire with the substitution for references to the Department of references to the concessionaire.

(6) Before imposing any restriction or prohibition by virtue of paragraph (4) the concessionaire shall consult with the Department concerning the use by traffic affected by the restriction or prohibition of suitable alternative routes.

(7) A restriction or prohibition imposed by the concessionaire by virtue of paragraph (4) may be revoked or varied by the Department and shall cease to have effect if a restriction or prohibition inconsistent with it is imposed by the Department under Article 7 of the Regulation Order .

Section 26 Leasing of land to concessionaire

(1) Where the Department has entered into a concession agreement it may grant to the concessionaire a lease of any land if it appears to the Department to be expedient to do so for the purpose of or in connection with the exercise by the concessionaire of his functions under the agreement.

(2) No statutory provision or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between the Department and the concessionaire as to the terms on which land which is the subject of a lease granted under paragraph (1) is provided for the concessionaire's use.

(3) Accordingly no such statutory provision or rule of law applies in relation to the rights and obligations of the parties to a lease so granted—

(a) so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease;

(c) so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.

Section 27 Transfer or termination of concession

(1) The rights of a concessionaire under a concession agreement may be assigned with the consent of the Department and references in this Part to the concessionaire shall be construed as references to the person for the time being entitled to exercise those rights.

(2) On the termination of a concession agreement (by effluxion of time or otherwise) there shall be transferred to the Department by virtue of this Article all such property, rights and liabilities of the concessionaire as in accordance with the concession agreement fall to be so transferred in the circumstances.

Schedule 2 contains supplementary provisions with respect to that transfer.

(3) Where a concession agreement terminates or is terminated before the end of the toll period, the Department—

(a) shall take reasonable steps to secure the appointment of a new concessionaire; and

(b) may, for a period of not more than two years until a new appointment or an extension toll order takes effect or the toll period ends, charge and collect tolls in the same way as a concessionaire.

(4) A concession agreement may contain provision as to the circumstances in which, and extent to which, any sum received by the Department—

(a) in consideration for the appointment of a new concessionaire; or

(b) by way of tolls collected by virtue of paragraph (3)(b),

is to be applied for the benefit of the former concessionaire or his creditors, as the case may be.

Section 28 Toll orders

(1) The Department may make an order authorising the charging of tolls (a “toll order”) in relation to a special road proposed to be provided by the Department.

(2) The order shall state whether it authorises the charging of tolls by a concessionaire or by the Department.

(3) Schedule 3 has effect as to the making of a toll order.

(4) The proceedings required to be taken in relation to a toll order shall (so far as practicable) be taken concurrently with the proceedings required to be taken in relation to the designation order in respect of the road to which the toll order relates.

(5) The Department shall not make the designation order or the toll order unless it makes them both.

Section 29 The toll period

(1) A toll order shall provide for tolls to be chargeable for a period (the “toll period”) specified in or determined in accordance with the order.

(2) The order may provide for the toll period to end—

(a) on a date, or at the end of a period, specified in the order; or

(b) on a date determined by reference to—

(i) the achievement of a specified financial objective; or

(ii) the passage of a specified number of vehicles;

or such other factors, or combinations of factors, as may be specified in the order; or

(c) on whichever is the earlier or later of dates specified in or determined in accordance with the order.

(3) In the case of a toll order authorising the charging of tolls by a concessionaire, it is for the Department to decide any matter relevant to determining the date on which the toll period ends.

Section 30 Amount of tolls chargeable by concessionaire

(1) A toll order authorising the charging of tolls by a concessionaire shall specify the maximum tolls which may be charged if, and only if, the road to which the order relates consists of or includes a major crossing to which there is no reasonably convenient alternative.

(2) The Department may make provision by regulations as to what is to be treated as a major crossing for this purpose and as to the circumstances in which another route is to be taken to be, or not to be, a reasonably convenient alternative.

(3) Subject to any such regulations, a major crossing means a crossing of navigable waters more than 100 metres wide and a reasonably convenient alternative means another crossing (other than a road ferry) which is free of toll and is within five miles of the crossing in question.

For this purpose—

the width of tidal waters shall be ascertained by reference to the mean high-water mark and the width of other waters by reference to the ordinary limits of the waters; and

the distance getween two crossings shall be taken to be the shortest distance between the centre lines of the two crossings.

(4) The order shall specify the maximum tolls which may be charged for the use of the crossing or any length of the road including the crossing; and if the condition as to absence of a reasonably convenient alternative is satisfied in relation to certain types of traffic only, the order shall make provision only in relation to those types of traffic.

If that condition ceases to be satisfied, generally or in relation to certain types of traffic, the provisions of the order as to maximum tolls shall cease to apply, or cease to apply to that type of traffic, for so long as that remains the case.

(5) The order may specify different maxima for different descriptions of traffic (which need not correspond with the classes of traffic prescribed by the designation order) and may provide for the amounts to be varied in accordance with a formula specified in the order.

(6) Regulations under this Article shall not apply in relation to an order if notice of the draft order, and of the relevant draft designation order, have been published before the regulations come into operation.

Section 31 Amount of tolls chargeable by Department

(1) A toll order authorising the charging of tolls by the Department shall in every case specify the maximum tolls which may be charged for the use of the road or any length of the road in respect of which tolls are charged.

(2) The order may specify different maxima for different descriptions of traffic (which need not correspond with the classes of traffic prescribed by the designation order) and may provide for the amounts to be varied in accordance with a formula specified in the order.

Section 32 Application of statutory provisions relating to monopolies, etc.

(1) For the purposes of—

(a) the Fair Trading Act 1973 ;

Sub‐paras. (b), (c) rep. by SI 2000/311

a person authorised by a toll order to charge tolls shall be deemed to supply a service, namely, providing the facility to use the road in return for the toll charged.

(2) Where the toll charged is subject to a maximum specified by the toll order, the Fair Trading Act 1973 has effect—

(a) as if the service deemed by paragraph (1) to be supplied were among those listed in Part I of Schedule 7 to that Act (services excluded from Director's power to make monopoly reference); and

(b) as if, in relation to any such service, the Head of the Department were among the persons listed in section 51(3) of that Act (persons whose concurrence is required for monopoly reference by the Secretary of State).

Section 33 Variation or revocation of toll order

(1) Subject to paragraphs (2) and (3), a toll order may be varied or revoked by an order made by the Department under this Article.

(2) A toll order may not be varied so as to extend the toll period; and a toll order which does not authorise the charging of tolls in respect of the whole length of the special road to which it relates may not be varied so as to extend the length of road in respect of which tolls may be charged.

(3) A toll order relating to a road subject to a concession may not be varied or revoked without the consent of the concessionaire.

(4) An order under this Article may contain such supplementary, incidental and transitional provisions as appear to the Department to be necessary or expedient.

(5) An order under this Article shall be subject to negative resolution and the provisions of Schedule 3 shall not apply to such an order.

Section 34 Extension toll orders

(1) The Department may make an order (an “extension toll order”) authorising the charging of tolls by the Department in relation to a road which is or has been subject to a concession.

(2) Any extension toll order must be made so as to come into operation not later than—

(a) the end of the toll period under the previous toll order; or

(b) where the concession agreement terminates or is terminated before the end of that period, two years after the termination of the agreement,

whichever is the earlier.

(3) The following provisions of this Part apply in relation to an extension toll order as in relation to a toll order under Article 28(1)—

Article 29(1) and (2) (the toll period);

Article 31 (amount of tolls chargeable by Department);

Article 32 (application of statutory provisions relating to monopolies, etc.);

Article 33 (variation or revocation of order);

Articles 35 to 39 (further provisions with respect to tolls); and

Article 40 (annual report by Department).

(4) An extension toll order shall be subject to negative resolution and the provisions of Schedule 3 shall not apply to such an order.

Section 35 Further provisions as to charging of tolls

(1) A toll order may contain provision exempting from liability for tolls such descriptions of traffic as may be specified in the order.

This does not affect the power of the person authorised by the order to charge tolls to grant such other exemptions from toll as he thinks fit.

(2) A toll order shall contain provision exempting from liability to pay any toll—

(a) a vehicle being used for police purposes;

(b) an ambulance as defined in section 4(2) of the Vehicles (Excise) Act 1971 ;

(c) a fire engine as so defined;

(d) a vehicle exempt from duty under that Act by virtue of—

section 4(1)(g) of that Act (invalid carriages);

section 4(1)(kb) of that Act (vehicles used for carriage of disabled persons by recognised bodies); or

section 7(2) of that Act (vehicles used by or for purposes of disabled person).

(3) A person authorised by a toll order to charge tolls may, subject to the provisions of the order—

(a) suspend the collection of tolls;

(b) enter into agreements under which persons compound in advance, on such terms as may be agreed, for the payment of tolls;

(c) charge different tolls according to—

(i) the distance travelled; or

(ii) the day, time of day, week, month or other period; and

(d) charge different tolls for different descriptions of traffic.

In the case of a concessionaire the powers mentioned above are exercisable subject to the provisions of the concession agreement.

Section 36 Collection of tolls

(1) The Department may make provision by regulations with respect to the collection of tolls in pursuance of a toll order.

(2) Regulations may, in particular, impose requirements with respect to—

(a) the displaying of lists of tolls; and

(b) the manner of implementing changes in the amount of tolls;

and where any such requirements are imposed, a toll may not be demanded unless they are, or as the case may be have been, complied with.

(3) A person who in respect of the use of a road to which a toll order relates demands a toll—

(a) which he is not authorised to charge; or

(b) which by virtue of paragraph (2) may not be demanded,

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

Section 37 Refusal or failure to pay tolls

(1) A person who without reasonable excuse refuses or fails to pay, or who attempts to evade payment of, a toll which he is liable to pay by virtue of a toll order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) If it appears to a person employed for the purpose of collecting tolls that a person has, without reasonable excuse, refused or failed to pay a toll which he is liable to pay by virtue of a toll order, he may—

(a) refuse to permit him to pass, or prevent him from passing, through any place at which tolls are payable; and

(b) require him to remove his vehicle from any such place by a particular route, and if he does not comply with such a requirement cause the vehicle to be so removed;

and for the purpose of exercising the powers conferred by this paragraph, a person employed for the purpose of the collection of tolls may call upon such assistance as he thinks necessary.

(3) Where a person does not comply with a requirement under paragraph (2)(b) as to the removal of his vehicle, he is liable to pay a prescribed charge in respect of the removal of the vehicle.

(4) Where there remains unpaid—

(a) a toll which a person is liable to pay by virtue of a toll order; or

(b) a prescribed charge which he is liable to pay by virtue of paragraph (3),

the person authorised to charge tolls may recover from the person liable the amount of the toll or charge together with a reasonable sum to cover administrative expenses.

(5) In this Article a “prescribed charge” means such charge as may be specified in, or calculated in accordance with, regulations made by the Department.

The regulations may provide for the amount of the charge, or any amount used for the purpose of calculating the charge, to be varied in accordance with a formula specified in the regulations.

Section 38 Facilities for collection of tolls

(1) A person authorised by a toll order to charge tolls may set up and maintain facilities for the collection of tolls.

The consent of the Department is required for the setting up of any such facilities by a concessionaire.

(2) Those responsible for the design and construction of facilities for the collection of tolls, and those responsible for the collection of tolls at such facilities, shall have due regard to the need to avoid delaying the passage of such vehicles as are mentioned in Article 35(2)(a), (b) or (c) (police vehicles, ambulances and fire engines).

(3) The power of the Department under Article 110 to acquire land for the provision of service areas includes, in the case of a road subject to a toll order, power to acquire any land required for the purpose of setting up facilities for the collection of tolls.

(4) Facilities for the collection of tolls are exempt from rating and shall not be included in any valuation list.

(5) In this Article “facilities for the collection of tolls” means such buildings, structures or other facilities within the boundary of the road, or on land adjoining the road, as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order.

Section 39 Restriction of access to toll roads

(1) Where a toll order is in force in relation to a road subject to a concession, no other road shall be so constructed as to afford access to that road except with the consent of the concessionaire.

(2) Where a toll order is in force in relation to a road, no means of access to that road shall be constructed except with the consent of the Department and, where the road is subject to a concession, of the concessionaire.

(3) Paragraph (2) does not apply to—

(a) a means of access afforded by a road;

(b) a means of access to a weighbridge maintained by the Department under Articles 86 and 87 of the Road Traffic (Northern Ireland) Order 1995 ; or

(c) a means of access constructed by or on behalf of a Northern Ireland department or a department of the Government of the United Kingdom which—

(i) affords access to premises occupied for the purposes of that department; and

(ii) the department is satisfied is reasonably required for discharging any function of the department.

Section 40 Annual report

(1) The Department shall in respect of each calendar year lay before the Assembly a report—

(a) stating the number of concession agreements entered into by it during the year;

(b) stating the number of new roads opened to public use during that year which at the time of their opening were subject to a concession;

(c) listing the toll orders, and orders varying or revoking toll orders, made in that year; and

(d) containing such information as appears to it to be appropriate with respect to the toll orders (whenever made) which are in operation during that year or any part of it.

(2) The report shall be laid on or before 31st July in the following calendar year.

(3) Paragraph (1) does not require the laying of a report in respect of any calendar year if—

(a) the number falling to be included in any such report under sub-paragraphs (a) and (b) of that paragraph would be nil; and

(b) no matters would fall to be included in any such report under sub-paragraphs (c) and (d) of that paragraph.

Section 41 Powers under this Part to be cumulative

The powers conferred on the Department by this Part shall, unless the context otherwise requires, be construed as being in addition to and not in derogation of the powers conferred on the Department by any other Part of this Order or by any other statutory provision.

Section 42 Interpretation of Part III

The expressions listed below are defined or otherwise fall to be construed for the purposes of this Part in accordance with the provisions indicated—

Section 43 General power of improvement

(1) Subject to the provisions of this Order, the Department may carry out any work for the improvement of a road where it appears to the Department expedient to do so for the purposes of facilitating road traffic.

(2) In this Article “improvement” (without prejudice to the generality of that expression) includes—

(a) the widening, re-aligning and re-shaping of roads; and

(b) the laying out, planting, maintenance and protection of trees, shrubs and grass margins in and beside roads.

Section 44 Street lighting

(1) Where the Department considers that any road should be illuminated or better illuminated, it may provide for—

(a) the supply of electricity or other means of illumination by any person having power in that behalf;

(b) the installation of such system of illumination (including lamps, lamp posts, cables, supports for cables and other materials and apparatus) as appears to the Department to be necessary for the purpose; and

(c) the operation and maintenance of any system of illumination installed under this Article.

(2) Where the Department considers that it is in the public interest for a street or footpath to which the public has access to be illuminated or better illuminated, the powers of the Department under paragraph (1) shall be exercisable in relation to that street or footpath as if it were a road.

(3) The Department may alter or remove any system of illumination installed under paragraph (1) or (2).

(4) The Department may provide for the operation and maintenance of any system of illumination installed under Article 24 of the Roads (Northern Ireland) Order 1980 and may alter or remove any such system.

(5) The Department may, on such terms and conditions as may be agreed between the Department and any other person, provide, in respect of land which the Department in the exercise of its street planning functions under the Private Streets (Northern Ireland) Order 1980 has determined shall be regarded for the purposes of Part III of that Order as being comprised in a street, for—

(a) the supply of electricity or other means of illumination by any person having power in that behalf; and

(b) the installation of a system of illumination (including lamps, lamp posts, cables, supports for cables and other materials and apparatus).

(6) For the purposes of, or in connection with, the exercise of its functions under this Article, the Department may obtain from the owner or occupier of any land, on such terms and conditions as may be agreed between the Department and that person, the consent of that person for the Department—

(a) to install and keep installed on, under or over the land any lamps, lamp posts, cables, supports for cables or other materials or apparatus; and

(b) to have access to the land for the purpose of inspecting, repairing, altering, renewing or removing any thing so installed.

(7) The power to make a vesting order in respect of any land under Article 113 includes power to create and vest in the Department for the purposes of, or in connection with, the exercise of its functions under this Article new rights over land as well as to vest existing rights and, in particular to create and vest in the Department—

(a) the right to install and keep installed on, under or over any land any lamps, lamp posts, cables, supports for cables or other materials and apparatus; and

(b) the right to have access to the land for the purpose of inspecting, repairing, altering, renewing or removing anything so installed.

(8) In this Article—

“footpath” means a way over which the public have a right of way on foot only, not being a footway or other part of a road;

“street” means any street, lane, square, court, alley or passage, not being a road.

Section 45 Drainage of roads

(1) The Department may, in a road or in land adjacent to or adjoining a road—

(a) construct and lay road drains;

(b) construct and lay drains for the purpose of preventing surface water from flowing on to the road;

(c) erect barriers to divert surface water into or through any existing drain.

(2) The Department may—

(a) scour, cleanse and keep open road drains;

(b) scour, cleanse and keep open drains constructed and laid by the Department under paragraph (1)(b);

(c) for the purpose of relieving the flooding of any road, scour, cleanse and keep open any other drain in land adjacent to or adjoining a road.

(3) The power under paragraph (1)—

(a) to construct and lay a drain; or

(b) to erect barriers to divert surface water into or through any existing drain,

includes power to discharge water through that drain into any inland waters, whether natural or artificial, or any tidal waters.

(4) If the owner or occupier of any land suffers damage by reason of the exercise by the Department of any power under paragraph (1), (2) or (3), the Department shall pay compensation therefor.

(5) Any question as to whether compensation is payable under paragraph (4) or as to the amount of any compensation so payable shall be determined by the Lands Tribunal.

(6) For the purpose of draining a road or otherwise preventing surface water from flowing on to it, the Department may acquire by agreement or otherwise any drain, or any right of making or of use or other right in or respecting a drain (with or without any materials or things belonging thereto).

(7) Any person who, before the acquisition of a drain under paragraph (6), has acquired a right to use the drain, shall be entitled to use it or any drain substituted for it, to the same extent as he would or might have done had the drain not been acquired by the Department.

(8) Article 113(1) and (2) and Schedule 7 shall apply where under paragraph (6) the Department acquires otherwise than by agreement any drain or any right.

(9) In this Article and Article 46—

“road drain” means a drain the principal purpose of which is to drain a road;

“drain” includes a ditch, cut, culvert, soakaway, dyke or sluice.

Section 46 Obstruction of, interference with, or discharge of material into, a road drain, etc.

(1) Any person who, without the consent of the Department, obstructs or interferes with—

(a) a road drain;

(b) a drain constructed and laid by the Department under Article 45(1)(b); or

(c) a barrier erected by the Department under Article 45(1)(c),

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

(a) remove the obstruction or interference; and

(b) make good any damage done by him to the drain or barrier;

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 on which that failure continues.

(3) Where—

(a) a person obstructs or interferes with a drain or barrier in contravention of paragraph (1); and

(b) the Department considers that by reason of that obstruction or interference there is, or is likely to be, a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under paragraph (1)) the Department may carry out such works of repair or reinstatement as in the opinion of the Department are necessitated by reason of his action and recover from that person any expenses thereby reasonably incurred by it.

(4) Any person who, without the consent of the Department, discharges any solid or liquid matter into—

(a) a road drain; or

(b) a drain constructed and laid by the Department under Article 45(1)(b),

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

(5) Any person convicted of an offence under paragraph (4) in respect of any drain shall within such period as the court may allow—

(a) cease to discharge any solid or liquid matter into the drain;

(b) remove any pipe or other thing through or by means of which the discharge in question was made; and

(c) make good any damage done by him to the drain;

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 on which that failure continues.

(6) Where—

(a) a person discharges any solid or liquid matter into a drain in contravention of paragraph (4); and

(b) the Department considers that it is in the public interest to exercise its powers under this paragraph,

then (whether or not proceedings are instituted for an offence under paragraph (4)) the Department may—

(i) carry out such works as in the opinion of the Department are necessary to prevent any further solid or liquid matter being discharged in contravention of paragraph (4); and

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

(7) Where a person—

(a) has been convicted of an offence under paragraph (1) and becomes liable to prosecution for an offence under paragraph (2); or

(b) has been convicted of an offence under paragraph (4) and becomes liable to prosecution for an offence under paragraph (5),

the Department may itself do any thing which he has failed to do and recover from that person any expenses thereby reasonably incurred by it.

(8) A consent under paragraph (1) or (4) may be given subject to such conditions as the Department thinks fit and in particular, but without prejudice to the generality of the foregoing, subject to conditions—

(a) regulating the place and manner in which any matter is to be discharged into a drain;

(b) prohibiting the discharge of specified matter into a drain or otherwise regulating the kinds of matter which may be discharged into a drain.

(9) Any person who—

(a) does anything mentioned in paragraph (1) or (4) in pursuance of a consent given under that paragraph; 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 (1) or (4);

(b) carry out such works of repair or reinstatement as in the opinion of the Department are necessitated by reason of his action; and

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

(11) Any person aggrieved by—

(a) the refusal of the Department to give its consent under paragraph (1) or (4); or

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

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

(12) Paragraphs (2) and (3) of Article 84 shall apply to an appeal under this Article as they apply to an appeal under that Article.

(13) Nothing in this Article applies to—

(a) the discharge into a drain of surface water from a building adjoining a road by means of a gutter in the footway of the road; or

(b) anything done in relation to a drain by the owner thereof or by a person exercising a right preserved by Article 45(7).

(14) In this Article “discharge” includes cause or permit to be discharged.

Section 47 Filling in of roadside ditches

(1) If it appears to the Department that a ditch on land adjacent to or adjoining a road constitutes a danger to users of the road, the Department may—

(a) if it considers the ditch unnecessary for drainage purposes and any occupier of the land known to the Department agrees in writing that it is unnecessary for those purposes, fill it in; or

(b) place in the ditch or in land adjacent to or adjoining it, such pipes as the Department considers necessary in substitution for the ditch, and thereafter fill it in.

(2) If the owner or occupier of any land suffers damage by reason of the exercise by the Department of any power under paragraph (1), the Department shall pay compensation therefor.

(3) Any question as to whether compensation is payable under this Article or as to the amount of any compensation so payable shall be determined by the Lands Tribunal.

Section 48 Removal of fallen structures, trees, etc.

(1) Where from any cause—

(a) any wall, fence or other structure (whether of the same kind as those mentioned or not) erected on land adjoining a road; or

(b) any tree, or branch or bough of a tree, growing on land adjoining a road or in a road,

falls upon or across the road so as to cause danger or obstruction to persons or vehicles using the road, the Department may, without giving notice to the owner or occupier of the land or to any other person, effect the removal of that structure, tree, branch or bough.

(2) Anything removed from a road by the Department under paragraph (1) may be replaced by it upon the land on which it was erected or grew.

(3) Where the Department exercises its powers under paragraph (1), it may recover from the owner or occupier of the land any expenses thereby reasonably incurred by it.

Section 49 Prevention of obstruction to view, etc.

Where the Department considers it necessary, for the prevention of danger arising from obstruction—

(a) to traffic upon a road, or

(b) to the view of persons entering or using a road,

to impose restrictions with respect to any land other than restrictions imposed by or under any other provision of this Order, the Department may serve a notice in accordance with Schedule 4.

Section 50 Removal of potentially dangerous trees and hedges

Where the Department is satisfied that any tree or hedge adjoining, adjacent to, or growing on a road—

(a) is dead, damaged, diseased or insecurely rooted and by reason of its condition is likely to cause danger to persons using the road;

(b) obstructs or interferes with the light from any public lamp;

(c) endangers or obstructs the passage of vehicles or pedestrians, or obstructs the view of drivers of vehicles; or

(d) otherwise prejudices the safety or convenience of persons using the road or prejudices the road,

the Department may serve a notice on the owner of the tree or hedge, or on the occupier of the land on which such tree or hedge is growing, requiring him to remove the tree or hedge or to lop the tree or cut back the hedge to such an extent as will remove the obstruction or remedy any other matter to which the notice relates.

Section 51 Dangerous land adjoining roads

If the Department is of the opinion—

(a) that a building, wall or other structure is in such a condition as to be dangerous to persons using a road;

(b) that there is in or on any land adjoining a road an unfenced or inadequately fenced source of danger to persons using the road; or

(c) that there is on any land adjoining a road any illumination which is a source of danger to persons using the road,

the Department may serve a notice on the owner of the structure or the owner or occupier of the land requiring him to carry out such works of repair, protection, removal, alteration or enclosure as will obviate the danger.