The Roads (Northern Ireland) Order 1993

Power to enter land for construction of temporary works N.I.

120.—(1) Any person authorised in that behalf by the Department may, for the purpose of executing any temporary works which are necessarily incidental to the construction or improvement of a road, enter on any land adjoining the road, and execute those works after giving reasonable notice in writing to the owner or occupier of the land.

(2) Where the Department is about to construct or repair a road, any person authorised by it in that behalf may enter on any land adjoining the road and construct a temporary road on it, for use while the work is in progress.

(3) Where—

(a) in the exercise of the powers conferred by paragraph (1) or (2) any damage is caused to land or chattels, any person interested in the land or chattels may recover compensation in respect of the damage from the Department;

(b) in consequence of the exercise of any such powers any person is disturbed in his enjoyment of land or chattels, he may recover compensation in respect of that disturbance from the Department.

(4) Any person who wilfully obstructs a person acting in exercise of his powers under paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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

Modifications etc. (not altering text)

C1 Art. 120 applied (22.4.2013) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 40(2), 48(2); S.R. 2013/104, art. 2(j)