Justice and Security (Northern Ireland) Act 2007

32 Road closure: by order

(1) If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order he may by order direct that a specified road—

(a) shall be wholly closed,

(b) shall be closed to a specified extent, or

(c) shall be diverted in a specified manner.

(2) A person commits an offence if he interferes with—

(a) road closure works, or

(b) road closure equipment.

(3) A person commits an offence if—

(a) he executes any bypass works within 200 metres of road closure works,

(b) he has in his possession or under his control, within 200 metres of road closure works, materials or equipment suitable for executing bypass works, or

(c) he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b).

(4) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action, possession, control or permission.

(5) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding six months,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

(6) In this section—

• “bypass works” means works which facilitate the bypassing by vehicles of road closure works,

• “road closure equipment” means any apparatus, equipment or other thing used in pursuance of an order under this section in connection with the closure or diversion of a road, and

• “road closure works” means works executed in connection with the closure or diversion of a road specified in an order under this section (whether executed in pursuance of the order or in pursuance of power under an enactment to close or divert the road).

(7) An order—

(a) may contain savings and transitional provisions,

(b) may make provision generally or for specified purposes only, and

(c) may make different provision for different purposes.