Private Streets (Northern Ireland) Order 1980

Meaning of “responsible person” N.I.

36.—(1) Subject to paragraph (2), in this Order the expression “responsible person” means in relation to street works in any street—

(a) where, with respect to the expenses of those street works, a sum has been paid or secured under Article 24(1) or an undertaking given under Article 24(2) or an agreement entered into under Article 32, the person who paid or secured the sum or gave the undertaking or between whom and the Department an agreement exists under Article 32;

(b) in every other case, the owner for the time being of the premises fronting the street.

(2) Where a person who, by virtue of a sum paid or secured, or an undertaking given, as aforesaid, is the responsible person in relation to street works in a street—

(a) has transferred his whole estate in all the premises having a frontage on that street, that person shall, subject to paragraph (3), cease to be, and the person to whom he has transferred that estate shall be, the responsible person for the purposes of this Order;

(b) has transferred his whole estate in a part of any such premises, the person to whom he has transferred that estate shall also be a responsible person for the purposes of this Order.

(3) Notwithstanding anything in paragraph (2), the transfer of any estate in premises shall not affect any security previously given under this Order but every such security shall remain in all respects as fully enforceable as if that transfer had not been made, and for the enforcement thereof the Department may exercise the like remedies against the transferor as if the transferor had remained the responsible person within the meaning of this Article.