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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, Validity and date of operation is up to date with all changes known to be in force on or before 25 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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Commencement Orders

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Commencement Orders bringing legislation that affects this Order into force:

Validity and date of operationN.I.

4.—(1) As soon as may be after an order to which this Schedule applies has been confirmed or made by the Department, or confirmed by the district council as an unopposed order, the Department or the district council, as the case may be, shall publish, in the manner required in relation to the class of order in question by paragraph 1, a notice in the prescribed form describing the general effect of the order, stating that is has been confirmed or made, and naming a place where a copy of the order as confirmed or made may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and—N.I.

(a)shall serve a like notice on any persons on whom notices were required to be served under paragraph 1 (3) (b) or (4); and

(b)shall cause like notices to be displayed in the like manner as the notices required to be displayed under paragraph 1 (3) (c);

but no such notice need be served on a person unless he has sent to the district council or the Department (according as the notice would require to be served by the district council or by the Department) a request in that behalf specifying an address for service.

(2) A notice required to be served by sub-paragraph (1) (a), other than one required to be served by paragraph 1 (3) (b) (iii), shall be accompanied by a copy of the order as confirmed or made.

(3) As soon as may be after a decision not to confirm an order to which this Schedule applies, the district council shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served by paragraph 1 (3) (b) or (4).

5.—(1) If a person aggrieved by an order to which this Schedule applies desires to question the validity of the order, or of any provision contained in the order, on the ground that it is not within the powers of this Order or on the ground that any requirement of this Order or of regulations made under this Order has not been complied with in relation to the order, he may, within six weeks from the date on which the notice required by paragraph 4 is first published, make an application for the purpose to the county court.N.I.

(2) On any such application the court—

(a)may by interim order suspend the operation of the order, or of any provision contained in the order, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b)if satisfied—

(i)that the order or any provision contained in the order is not within the powers of this Order, or

(ii)that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Order or of regulations made under this Order,

may quash the order or any provision contained in the order, either generally or in so far as it affects any property of the applicant.

6.  Subject to paragraph 5, an order to which this Schedule applies shall not, either before or after it has been made or confirmed, be questioned in any legal proceedings whatever and shall become operative on the date on which the notice required by paragraph 4 is first published, or on such later date as may be specified in the order.N.I.

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