Search Legislation

The Access to the Countryside (Northern Ireland) Order 1983

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Advanced Features

 Help about advanced features

Changes to legislation:

The Access to the Countryside (Northern Ireland) Order 1983, Section 42 is up to date with all changes known to be in force on or before 21 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the The Access to the Countryside (Northern Ireland) Order 1983

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Provision as to danger areasN.I.

42.—(1) A district council, where it makes an access agreement or order, shall, after consulting the owner and occupier of any land concerned, so delimit the land to which the agreement or order applies as to exclude all land which, by reason of anything done on that or contiguous or adjacent land, it appears to the district council expedient to exclude for the purpose of avoiding danger to the public or to persons employed on any part of that land.

(2) For the purpose of avoiding danger to the public or to any persons employed on any land, the district council may vary any access agreement or order so as to exclude any land.

(3) For the purposes of paragraph (2)—

(a)the fact that an access agreement is expressed to be irrevocable shall not prevent its variation in pursuance of that paragraph;

(b)where the concurrence of any party to an access agreement other than the district council, or the successor in title to his interest, cannot be obtained to the variation of the agreement in pursuance of paragraph (2), the district council may by order vary the agreement.

(4) As respects any land—

(a)which is subject to an access agreement or order, or

(b)held by the district council and to which Article 41 (1) (b) applies,

a district council may take such steps and carry out such works (including the erection and maintenance of fences or notices) as appear to the district council to be requisite for protecting the public from any source of danger on the land or on adjoining land.

(5) Paragraph (4) shall apply to the Department as respects land held by the Department under Article 40 as it applies to a district council as respects land held by the district council.

(6) The application of Article 26 to any land—

(a)in relation to any factory, magazine, store or premises established before the commencement of this Article, shall not constitute the land an open place or resort for the public, or a public place, for the purposes of the Explosives Act (Northern Ireland) 1875 to 1970F1, or any order made or licence granted under those Acts;

(b)in relation to any factory, magazine, store or premises established after the commencement of this Article, shall so constitute the land.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources