Part 11 N.I.Application of Act to Crown land

Modifications etc. (not altering text)

C1 Pts. 10-12: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))

Application of Act as respects Crown land N.I.

Enforcement in relation to the Crown N.I.

215—(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

(2) But subsection (1) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 85(7)(a) to (d).

(3) A council or the Department must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(4) The appropriate authority may give consent under subsection (3) subject to such conditions as it thinks appropriate.

(5) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

(6) A step taken for the purposes of enforcement includes—

(a) entering land;

(b) bringing proceedings;

(c) the making of an application.

(7) A step taken for the purposes of enforcement does not include—

(a) service of a notice;

(b) the making of an order (other than by a court).

Commencement Information

I1 S. 215 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2 S. 215 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)