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The Road Traffic Regulation (Northern Ireland) Order 1997

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This is the original version (as it was originally made).

Provision of access to premises through off-street parking places

12.—(1) Where it appears to the Department that an off-street parking place may be used to provide a means of access from a road to any premises, the Department may adapt for use as, or for providing, such a means of access—

(a)the off-street parking place;

(b)any land to which Article 10(3) applies;

(c)any road, with the consent of the person responsible for the maintenance of the road if it is not a public road.

(2) The Department may—

(a)enter into an agreement with the occupier of the premises with respect to the use of the means of access and for the making by him of contributions towards the expenses incurred by the Department in providing the means of access;

(b)grant, for such consideration and on such terms and conditions as may be agreed, to the occupier of the premises, or any other person having an interest in them, a right of way over any part of the parking place as is to be used as the means of access, and such other rights (if any) incidental to, or connected with, the use of the means of access as the Department thinks it necessary or expedient to grant.

(3) Subject to the provisions of any agreement made under sub-paragraph (a) of paragraph (2) and to any rights granted under sub-paragraph (b) of that paragraph, the Department may by order under Article 13 make provision as to the use of any parking place as a means of access and in particular as to—

(a)the persons who or vehicles which may use the means of access; and

(b)the conditions on which the means of access may be used.

(4) Subject to the provisions of any agreement made under sub-paragraph (a) of paragraph (2) and to any rights granted under sub-paragraph (b) of that paragraph, the Department may stop up any means of access provided under this Article.

(5) In this Article references to a parking place include references to the means of access to the parking place and references to the use of a means of access include references to such use by pedestrians.

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