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The Access to the Countryside (Northern Ireland) Order 1983

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Power of district councils to enforce accessN.I.

33.—(1) If any person contravenes—

(a)Article 31 (1) (work substantially reducing area to which public have access), or

(b)any restriction imposed under Article 32(1) on the doing of anything to the detriment of any means of access,

the district council may serve on that person a notice requiring him, within such period as is specified in the notice, to carry out such work so specified as appears to the district council to be requisite for remedying the contravention.

(2) If the person on whom the notice is served under paragraph (1) fails to comply with it within the specified period, the district council may take all necessary steps for carrying out the work specified in the notice and may recover from that person any expenses reasonably incurred by it in carrying out the work.

(3) Any person on whom a notice is served under paragraph (1) may appeal by notice under Part VII of the Magistrates' Courts (Northern Ireland) Order 1981F1 at any time within the period specified in the notice served under paragraph (1) for carrying out the work on the ground—

(a)that the period specified in the notice served under paragraph (1) is too short;

(b)that the work so specified, or some of that work, is not requisite for remedying the contravention;

(c)that he has not contravened Article 31 (1) or any restriction mentioned in paragraph (1) (b) of this Article; or

(d)that the work specified in the notice served under paragraph (1), or so much of the work as is requisite for remedying the contravention, has been carried out.

(4) On an appeal under paragraph (3) the court may—

(a)extend the period within which the work was required to be carried out,

(b)quash the notice as respects the whole or any part of the work, or

(c)dismiss the appeal.

(5) On an appeal under paragraph (3), the time between the initiation of the appeal and its final determination shall be disregarded in determining the period within which, in accordance with the notice served under paragraph (1), the work there specified is to be carried out.

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