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The Access to the Countryside (Northern Ireland) Order 1983

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The Access to the Countryside (Northern Ireland) Order 1983, Section 7 is up to date with all changes known to be in force on or before 18 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

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

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Right to ploughN.I.

7.—(1) Where a public right of way crosses land which is used or being brought into use for agriculture or forestry, then, if—

(a)it is proposed in accordance with the rules of good farming or forestry to plough the land, and

(b)it is convenient, in so ploughing the land, to plough the way together with the rest of the land,

the right of way shall be subject to the condition that the occupier shall have the right to plough the way as well as the rest of the land.

(2) Paragraph (1) does not confer any right to plough so much of a way as follows what are for the time being the headlands or sides of a field or enclosure.

(3) Where the public right of way is a public path, an agreement or order relating to that path may exclude the right to plough the path or any part of it and may impose restrictions or conditions on the exercise of that right.

(4) Within seven days after ploughing a public right of way the occupier shall give the district council notice of that fact.

(5) Where a public right of way is ploughed the occupier shall as soon as may be after the ploughing is completed reinstate the surface of the way, and in any case, subject to Article 8 (temporary diversion of the public right of way on account of ploughing), not later than fourteen days from the date on which the way is ploughed or, if prevented from doing so by exceptional weather conditions, as soon as practicable thereafter.

(6) Any person who—

(a)ploughs a public right of way which he has no right to plough, or

(b)fails to comply with paragraph (4) or (5),

shall be liable on summary conviction to a fine not exceeding £200.

(7) If—

(a)an occupier fails to comply with paragraph (5), or

(b)a public right of way is ploughed and the occupier has no right to plough it,

the district council may, after giving the occupier not less than fourteen days' notice, take all necessary steps for reinstating the surface of the way and may recover from the occupier any expenses reasonably incurred under this paragraph.

(8) References in this Article and Article 8 to ploughing include references to the breaking up of the surface by any mechanical means for the purposes of agriculture or forestry.

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