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The Access to the Countryside (Northern Ireland) Order 1983

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Temporary diversion on account of ploughingN.I.

8.—(1) If, on the application of the occupier, the district council is satisfied that it is expedient in the interests of good farming or forestry that the period of fourteen days mentioned in Article 7(5) should be extended, the district council may—

(a)order the temporary diversion of the way until such date as may be specified in the order, being a date not more than three months after the time when the occupier began to plough the way, and

(b)by the order extend the period of fourteen days so as to expire on that date.

(2) in deciding whether to make an order under paragraph (1) the district council shall take into account the interests of the users of the path.

(3) Before refusing to make an order under paragraph (1) the district council shall consult the Department of Agriculture.

(4) On the making of an order under paragraph (1) the district council shall forthwith cause a copy of the order to be placed in a prominent position at the ends of the diversion and maintained there throughout the period of the diversion.

(5) An order under paragraph (1)—

(a)shall not affect the line of the way on land not occupied by the applicant;

(b)shall not divert any part of the way on to land not occupied by the applicant, unless written consent to the making of the order has been given by the occupier of that land, and by any other person whose consent is needed to obtain access to the land;

(c)may require as a condition of the taking effect of the order the provision of any necessary facilities for the convenient use of the diversion,

and the district council may enter into an agreement with the applicant for the provision of any such facilities by the district council at the expense of the applicant.

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