The Roads (Northern Ireland) Order 1993

Provision of road ferry services by, or on behalf of, the Department

99.—(1) Subject to the provisions of this Part, the Department may provide such road ferry services as it thinks fit.

(2) The Department may enter into an agreement with any person (“the operator”) for the provision by that person on behalf of the Department of any road ferry service.

(3) An agreement under paragraph (2)—

(a) may provide for the leasing to the operator of any road ferry undertaking owned by the Department or any part thereof specified in the agreement;

(b) may contain such other terms and conditions as appear to the Department to be necessary to ensure the safe and proper provision of the road ferry service.

(4) Except as provided by paragraph (5), where an agreement under paragraph (2) is in force, the operator shall, in relation to any road ferry service to which the agreement relates, have the same powers and duties and be subject to the same restrictions, liabilities and obligations as the Department has, or is subject to, in relation to a road ferry service provided by it.

(5) Paragraph (4) does not apply to—

(a) the power to issue directions under Article 101;

(b) the power to make byelaws under Article 102;

(c) the power to carry out works under Article 105;

(d) the power to dredge under Article 108;

(e) the power to acquire land under Article 110;

(f) any other power, duty, restriction, liability or obligation excepted from that paragraph by an agreement under paragraph (2),

and any such power, duty, restriction, liability or obligation shall accordingly remain that of the Department alone.

(6) For the purposes of this Part the power to provide a road ferry service includes power—

(a) to establish, operate and manage that service;

(b) to provide vessels, buildings, equipment, facilities, amenities and services for the purposes of, or in connection with, that service;

(c) to maintain, operate, manage, repair, extend, alter, improve and renew anything mentioned in sub-paragraph (b); and

(d) to do anything which is necessary or appropriate for the purposes of, or in connection with, that service or which is incidental or ancillary to the provision of that service.