The Roads (Northern Ireland) Order 1993

Restriction on construction of cellars, etc. under road

77.—(1) Any person who without the consent of the Department constructs any vault, arch, cellar or part of a building under a road shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The consent of the Department—

(a) shall be given subject to the condition that any vault, arch or cellar constructed in pursuance of the consent and any gratings, lights and other fixtures in the surface of the road that are associated with it are to be kept in such good condition and repair by the person to whom the consent is given as not to constitute a danger or a nuisance to road users;

(b) may be given subject to such other conditions as the Department thinks fit.

(3) Where a person—

(a) constructs any vault, arch, cellar or part of a building in pursuance of a consent under this Article; and

(b) fails to comply with any condition subject to which that consent was given,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Where it appears to the Department that a person has contravened paragraph (1) or (3) then (whether or not proceedings are instituted for an offence under that paragraph) the Department may serve on that person a notice requiring him to remove or alter the vault, arch, cellar or part of a building in question.

(5) Article 58 applies to a notice served under paragraph (4) as it applies to a notice served as mentioned in paragraph (1) of that Article.

(6) The person to whom a consent is given under this Article shall indemnify the Department against any claim in respect of injury, damage or loss arising out of—

(a) the presence under a road of any vault, arch, cellar or part of a building to which the consent relates; or

(b) the carrying out by any person of any works for the construction of any vault, arch, cellar or part of a building in pursuance of the consent.