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ROADS (NORTHERN IRELAND) ORDER 1980 - SECT 64

64.(1) The saving provisions and consequential amendments set out in
Schedules 7 and 8 shall have effect.

Para.(2), with Schedule 9, effects repeals

(3) Any transferred local provision pertaining to the Department's functions
in relation to roads is hereby repealed.

(4) In the Schedule to the Local Government (Modifications and Repeals) Order
(Northern Ireland) 1973, the entries relating to the statutory provisions
mentioned in Schedule 9 are hereby revoked to the extent that they modify
those provisions.

1. Motor tractors, heavy motor cars, motor cars and motor-cycles whereof the
cylinder capacity of the engine is not less than 50 cubic centimetres, and
trailers drawn thereby, which comply with general regulations as to
construction and use made under [Article 28 of the Road Traffic (Northern
Ireland) Order 1981 (in this Schedule referred to as "the Order of 1981")],
and in the case of which the following conditions are satisfied

(i)that the whole weight of the vehicle is transmitted to the road surface by
means of wheels;

(ii)that all wheels of the vehicle are equipped with pneumatic tyres;

(iii)that the vehicle is not controlled by a pedestrian;

(iv)in the case of a motor vehicle it is so constructed as to be capable of
attaining a speed of 25 miles per hour on the level under its own power, when
unladen and not drawing a trailer; and

(v)that the vehicle is not a vehicle mentioned in paragraph 2(1) of Part I of
Schedule 3 to the Vehicles (Excise) Act (Northern Ireland) 1972.

2. Motor vehicles and trailers, the use of which for or in connection with the
conveyance of abnormal indivisible loads is authorised by an order made under
[Article 29(3) of the Order of 1981].

3. Heavy and light locomotives when being used for or in connection with the
conveyance of abnormal indivisible loads.

4. Motor vehicles and trailers constructed for naval, military, air force or
other defence purposes, the use of which is authorised by an order under
[Article 29(3) of the Order of 1981].

5. Motor vehicles controlled by pedestrians.

6. All motor vehicles (other than invalid carriages and motor-cycles whereof
the cylinder capacity of the engine is less than 50 cubic centimetres) not
comprised in Class I, Class II or Class III.

7. Vehicles drawn by animals

8. Vehicles (other than pedal-cycles, perambulators, push-chairs and other
forms of baby carriages) drawn or propelled by pedestrians.

9. Pedal-cycles.

10. Animals ridden, led or driven.

11. Pedestrians, perambulators, push-chairs and other forms of baby carriages
and dogs held on a lead.

12. Motor-cycles whereof the cylinder capacity of the engine is less than 50
cubic centimetres.

13. Invalid carriages.

14. In this Schedule

"abnormal indivisible load" means a load which

(a)cannot without undue expense or undue risk of damage be divided into two or
more loads for conveyance on a road; and

(b)owing to its dimensions or weight can only by carried by motor vehicles or
trailers the use of which on roads is lawful only by reason of an order made
under [Article 29(3) of the Order of 1981];

"invalid carriages" means mechanically propelled vehicles the weight of which
unladen does not exceed 5 hundredweight and which are specially designed and
constructed, and not merely adapted, for the use of persons suffering from
some physical defect or disability and are used in accordance with conditions
prescribed by regulations made under the [Order of 1981]; and

1.(1) Notice under Article 30 may be served

(a)upon the owner or occupier of the land directing him

(i)to remove any building or structure whether permanent or temporary, the
removal of which is in the opinion of the Department expedient for the
prevention of any such danger as is mentioned in that Article;

(ii)to provide or improve any means of access to any buildings or structure;

<(iii)to provide or improve any accommodation for vehicles standing or waiting for any purpose connected with the user of any building or structure;


(b)upon the owner or occupier of the land directing him to alter the height or
character of any wall, fence, tree or hedge thereon so as to cause it to
conform with any requirements specified in the notice; or

(c)upon every owner, occupier or lessee of the land restraining him, either
absolutely or subject to such conditions as may be specified in the notice,
from permitting any building, wall, fence, tree or hedge to be erected or
planted on the land.

(2) There shall be annexed to any notice served under Article 30 a plan
showing the land to which the notice relates; and notice of the right of
objection shall be given in the notice.

2. Any restrictions imposed by a notice served under Article 30 shall be
registered pursuant to Part X of the Land Registration Act (Northern Ireland)
1970 and shall remain in force until the notice is withdrawn by the Department
and the registration is cancelled in accordance with the provisions of that
Part, and any such restrictions shall, while in force, be binding upon any
successor in title to the owner, occupier, or lessee, of the land to which
they relate.

3.(1) If any person upon whom a notice has been served under Article 30
objects to complying with any requirement of the notice or objects to any
restriction imposed thereby, he may, within 21 days of receiving the notice,
give notice in writing to the Department stating his objection and the grounds
thereof and requiring the matter in dispute to be heard and determined by a
barrister or solicitor of not less than ten years' standing, practising in
Northern Ireland, to be appointed by the Lord Chief Justice.

(2) A person so appointed shall for the purpose of such hearing have all the
powers conferred on an arbitrator by the Arbitration Act (Northern Ireland)
1937.

(3) In determining any question whether a notice shall be withdrawn as
respects a requirement or restriction objected to, the arbitrator shall have
power to order that the requirement or restriction shall have effect subject
to such modifications (if any) as the arbitrator may direct.

4. Any person upon whom a notice is served under Article 30 shall have power,
notwithstanding anything in any conveyance or in any lease or other instrument
or agreement, to do all such things as may be necessary for complying with the
requirements of the notice.

5.(1) Where notice has been served upon any person under Article 30 the
Department may, with the consent of that person, do on his behalf anything
necessary for complying with the requirements of the notice.

(2) Where any such person, within 21 days after the service upon him of the
notice, signifies in writing to the Department his assent to the doing by the
Department on his behalf of any such thing as aforesaid, such person shall not
be liable to any fine under paragraph 6.

6. Subject to the provisions of this Schedule, if any person upon whom a
notice has been served under Article 30 contravenes the notice, he shall,
without prejudice to any other proceedings which may be taken against him, be
guilty of an offence and liable on summary conviction to a fine not exceeding
#200.

7.(1) Any person upon whom a notice is served under Article 30 shall be
entitled to recover from the Department any expenses reasonably incurred by
him in carrying out any directions contained in the notice.

(2) Any persons sustaining loss in direct consequence of any requirement of a
notice served under Article 30, or any person who proves that his property is
injuriously affected by restrictions imposed by any such notice, shall, if he
makes a claim within six months after the service of the notice, be entitled
to recover from the Department compensation for the loss or injury sustained.

(3) If any question arises whether compensation is payable under this
provision, or as to the amount of any compensation so payable, the question
shall be referred to and determined by the Lands Tribunal.

8. Nothing in Article 30 or this Schedule shall apply with respect to any
building or other structure belonging to a railway undertaking or to the
owners, trustees or conservators acting under powers conferred by any
statutory provision of any canal, inland navigation, dock or harbour, where
the building or other structure forms part of, or is necessary for the
maintenance of, their railway, canal, inland navigation, dock or harbour.

9. Article 30 and this Schedule shall apply to stacks of turf, hay, corn or
other produce, wood piles, wooden sheds and other similar temporary erections
in like manner as they apply to a fence or hedge.

1. Where the Department proposes to make an order under Article 41(1), it
shall publish in at least one newspaper circulating in the area in which the
premises are situated a notice

(a)stating the general effect of the proposed order;

(b)specifying a place in that area where a copy of a draft of the order and of
any relevant map or plan may be inspected by any person free of charge at all
reasonable hours during a period of not less than thirty days from the date of
the last publication of the notice;

(c)stating that, within that period, any person may by notice to the
Department inform it of the grounds upon which he objects to the making of the
order.

2.(1) The Department shall, not later than the date on which the notice
referred to in paragraph 1 is published, serve a copy thereof together with a
copy of a draft of the order and of any relevant map or plan on the owner and
the occupier of each of the premises affected by the order.

(2) Where the Department proposes to modify the terms of the draft of the
order, the Department shall give and publish, in such manner as appears to it
to be appropriate, such additional notices as the Department considers
appropriate for informing all persons likely to be adversely affected by the
modification.

3. If it appears to the Department, when preparing an order, that a new means
of access to any premises is likely to have to be provided by it to take the
place of a means of access to be stopped-up under the order, then the
Department shall indicate in the map or plan referred to in the order the
proposed route of that new means of access, and shall serve on the owner and
occupier of the land which will be required for the provision of that new
means of access (if different from the owner and occupier of the premises) a
copy of the notice and the other documents referred to in paragraph 1(b).

4. If, before the expiration of the period referred to in paragraph 1(b), the
Department receives an objection from any person on whom a copy of the notice
is required to be served under paragraph 2(1) or from any other person
appearing to it to be affected, it may cause a local inquiry to be held.

5. After considering

(a)any objections to the proposed order which are not withdrawn;

(b)where a local inquiry is held, the report of the person who held it,

Schedule 4 modifies sch.6 to 1972 c.9 (NI) for the purposes of art.53(4)see
Schedule 5 for sch.6 as modified

1. (Not applicable).

2. Where the Department proposes to acquire land otherwise than by agreement,
notice of its intention to do so

(a)shall be published by the Department on at least two occasions in the
locality in which the land is situated;

(b)shall be served by the Department on every person appearing to the
Department to have an estate in the land;

(c)shall also be served by the Department on such government departments and
public bodies as the Department considers fit; and

3.(1) After the expiration of one month from the date of the last publication
of the notice mentioned in paragraph 2(a), the Department

(a)after considering all representations which have been made to the
Department by any interested party; and

(b)after causing a local inquiry to be held (if it appears to the Department
to be necessary to do so);

(i)make a vesting order, which may contain any modifications of the
Department's proposal that the Department thinks proper, vesting in the
Department all or any part of the land for an estate in fee simple or for such
other estate as may be specified in the vesting order; or

(ii)decide not to make the order.

(2) If a local inquiry is held as aforesaid, any person interested in the
land, and such other persons as the person holding the inquiry may allow,
shall be permitted to appear in person or by a representative, and to be heard
at the inquiry, and, before making a vesting order, the Department shall
consider the report of the person who held the inquiry.

4. A vesting order shall contain such provisions as the Department thinks
necessary or expedient for carrying it into effect.

5.(1) The following provisions of this paragraph shall have effect with
respect to the validity of a vesting order and the date on which such an order
is to come into operation

(a)as soon as may be after a vesting order has been made the Department shall
publish a notice, stating that the vesting order has been made and naming a
place where a copy of the vesting order and of any map or plan referred to in
it may be seen at all reasonable hours, and shall serve a like notice on every
person who has given notice to the Department of his objection to the making
of the vesting order;

(b)if any person aggrieved by a vesting order desires to question its validity
on the ground that it is not within the powers conferred by the Roads
(Northern Ireland) Order 1980 or that the procedure specified in this Schedule
has not been complied with, he may, within one month from the publication of
the notice of the making of the vesting order, make an application for the
purpose to the High Court in accordance with rules of court, and on such an
application the court

(i)may by interim order suspend the operation of the vesting order, either
generally or in so far as it affects any property of the applicant, until the
final determination of the proceedings;

(ii)if satisfied upon the hearing of the application that the vesting order is
not within the powers conferred by the Roads (Northern Ireland) Order 1980, or
that the interests of the applicant have been substantially prejudiced by any
requirement of this Schedule not having been complied with, may quash the
vesting order either generally or in so far as it affects any property of the
applicant;

<(iii)if not so satisfied, shall dismiss the application;


(c)subject to head (b), a vesting order or the making of such an order shall
not be questioned in any legal proceedings whatsoever, and a vesting order
shall become operative at the expiration of a period of one month from the
date on which the notice of the making thereof is published in accordance with
the provisions of head (a);

(d)as soon as may be after a vesting order has become operative the Department
shall serve on every person appearing to it to have an estate in the land to
which the vesting order relates either a copy of the vesting order or a notice
stating that the vesting order has become operative and naming a place where a
copy of the vesting order and of any map or plan referred to therein may be
seen at all reasonable hours and may be obtained free of charge upon written
request made by or on behalf of any person having an estate in the land.

(2) Notice of a vesting order that has become operative shall be served by the
Department on such government departments and public bodies as the Department
considers fit.

6.(1) Subject to sub-paragraph (3), a vesting order shall operate, without
further assurance, to vest in the Department, as from the date on which the
vesting order becomes operative (in this Schedule referred to as "the date of
vesting"), an estate in fee simple or such other estate (if any) in, to or
over the land to which it relates as is therein specified, freed and
discharged from all claims or estates whatsoever (except as is specified in
the order).

(2) To the extent to which compensation is payable in accordance with the
provisions of this Schedule, as from the date of vesting the rights and claims
of all persons in respect of any land acquired by the vesting order shall be
transferred and attached to the Consolidated Fund (in this Schedule referred
to as "the compensation fund"), and shall be discharged by payments made by
the Department.

(3) Where a vesting order relates to registered land, the Department, before
lodging the vesting order with the Registrar of Titles, shall endorse upon the
vesting order the date on which it would have become operative were it not for
the provisions of this sub-paragraph, and in relation to such land the date of
vesting shall, notwithstanding anything in sub-paragraph (1), be the date so
endorsed or the date on which the order is so lodged, whichever is the later,
and that sub-paragraph shall have effect accordingly.

7. A vesting order, or the title created by such an order (if it relates to
registered land), shall forthwith upon lodgment of the order, be registered in
the Registry of Deeds, or as the case requires, the Land Registry.

8. Where a vesting order relates to any land forming part of a holding which
is subject to the future payment of an annuity under the Land Purchase Acts,
it shall not be necessary for any consent or authority for the sub-division of
the holding to be given under any provision of those Acts, other than the
consent of the Department of Finance to any apportionment of the annuity.

9. On and after the date of vesting the Department or any person authorised by
the Department may enter upon and use the land to which the vesting order
relates.

10.(1) Section 92 of the Lands Clauses Consolidation Act 1845 shall not have
effect in relation to any acquisition of land by means of a vesting order.

(2) Where a vesting order applies to part only of a house, building or
factory, a person having an estate in the whole thereof may, within six weeks
from the date on which the order becomes operative, serve a notice on the
Department, requiring the Department to acquire the remainder thereof.

(3) Where a notice is served on the Department under sub-paragraph (2) the
Department shall acquire the remainder of the house, building or factory
unless the Lands Tribunal determines that the acquisition of the part thereof
acquired by means of the vesting order has not caused material detriment to
the house, building or factory.

(4) Where the Department acquires the remainder of a house, building or
factory in pursuance of sub-paragraph (3), any question as to the amount
payable in respect thereof shall be determined as if that remainder had been
acquired by means of a vesting order.

11.(1) As soon as a vesting order has become operative, any question of
disputed compensation arising between the Department and any person who

(a)has an estate in any land to which the vesting order relates or would have
such an estate if the order had not become operative, or

(b)has an estate in any land injuriously affected by the works proposed to be
carried out by the Department,

(2) Where the person entitled to compensation under this Schedule is not known
or cannot be found or neglects or refuses to produce his title or to claim the
compensation, or where a person claiming compensation is not absolutely
entitled to the compensation or is under any disability the Department may
refer to the Lands Tribunal any question in connection with the compensation
and that question shall be deemed to be a question of disputed compensation
for the purposes of this Schedule.

(3) Where a vesting order relates to land forming part of a holding which is
subject to the payment of an annuity under the Land Purchase Acts, the
Department shall give to the Department of Finance notice of any agreement for
the payment of compensation by the Department to any person who has an estate
in the land, and if the Department of Finance notifies the Department of its
intention to bring before the Lands Tribunal any question with respect to the
apportionment or redemption of the annuity, that question shall be deemed to
be a dispute between the Department of Finance and any person claiming
compensation in relation to the lands and the provisions of this Schedule
shall apply as they apply to a question of disputed compensation.

12.(1) When any question of disputed compensation arises, the Department shall
as soon as practicable thereafter cause to be made out maps and schedules of
any lands to which the vesting order relates and of any other lands which, it
is claimed, may be injuriously affected by the works proposed to be carried
out by the Department (in this Schedule referred to as "the scheduled lands"),
together with the names, so far as they can be reasonably ascertained, of all
persons who immediately prior to the making of the vesting order were
interested in the lands as owners or reputed owners, lessees or reputed
lessees, or occupiers.

(2) The Department shall deliver to the appropriate officer of the Lands
Tribunal one copy of each of the maps and schedules certified by the
Department as correct, and publish a notice stating that such documents have
been delivered and the times and place at which copies of them may be
inspected by any person desiring to inspect them.

13.(1) The Lands Tribunal shall have the same power of apportioning any
rent-service, rent-charge, chief or other rent, payment or incumbrance as two
justices have under the Lands Clauses Consolidation Act 1845.

(2) Subject to the provisions of paragraph 16, the amount of compensation to
be paid in pursuance of section 124 of the
Lands Clauses Consolidation Act 1845 in respect of any estate in any of the
scheduled lands which the Department has through mistake or inadvertence
failed or omitted duly to make compensation for, shall be awarded by the Lands
Tribunal and paid in like manner, as nearly as may be, as the same would have
been awarded and paid if the claim of such estate had been delivered to the
Lands Tribunal before the day fixed for the delivery of statements of claim.

(3) In determining the amount of any disputed compensation, the Lands Tribunal
shall have regard to the extent to which any remaining and contiguous land,
belonging to the same proprietor, may be benefited by any proposed work or any
proposed use of land for which the land to which the vesting order relates is
acquired by the Department.

(4) In determining the amount of any disputed compensation, the Lands Tribunal
shall not award any sum of money for or in respect of any improvement or
alteration made, or building erected, after the date of the first publication
by the Department of the notice mentioned in paragraph 2 if, in the opinion of
the Lands Tribunal, the improvement, alteration, or building in respect of
which the claim is made was made or erected with a view to obtaining or
increasing compensation; nor, in respect of any estate created after the said
date in any land to which the vesting order relates, shall any sum of money be
awarded so as to increase the total amount of compensation which would
otherwise have been required to be paid in respect of the acquisition of the
land.

14.(1) The Department, on paying to any person any compensation (whether the
amount has been settled by agreement or determined by the Lands Tribunal),
shall obtain from that person a receipt, which shall be prepared by, and
executed at the cost of, the Department, and the receipt shall operate to
release the compensation fund from all claims by the person giving it and all
parties claiming through or under him.

(2) The Department shall pay the costs reasonably incurred by any person
claiming compensation, to whom compensation is found due, of furnishing any
statement, abstract or other evidence of title required by the Department to
be furnished by him.

15.(1) Where the compensation payable (whether the amount thereof has been
settled by agreement or determined by the Lands Tribunal) to any person does
not exceed the sum of #100, and the claimant makes a statutory declaration in
such form as may be approved by the Department stating whether he claims as
absolute or as limited owner, and gives prima facie evidence which satisfies
the Department that for not less than six years immediately preceding he, or
his immediate predecessor in title, has been personally or by an agent in
receipt of the rents or profits, or in actual occupation, of the land in
respect of which compensation is payable, the Department may pay to the person
claiming as absolute owner the compensation payable for the estate in respect
of which he claims, and, where a person claims as limited owner of any estate,
the Department may pay the compensation payable for that estate to the
trustees of the settlement under which the limited owner claims.

(2) Where any compensation not exceeding the sum of #100 is payable in respect
of an estate which is subject to any mortgage or charge (not bein a charge
consisting of an annuity under the Land Purchase Acts or a charge in respect
of any sums repayable in respect of a loan made by any government department),
the compensation may be paid to the person entitled to the mortgage or charge,
or, if there is more than one such mortgage or charge, then the person
entitled to the mortgage or charge which is first in priority, and the amount
so paid shall be received in reduction of the principal sum for the time being
owing in respect of the mortgage or charge, notwithstanding any direction,
proviso or covenant to the contrary contained in any instrument; and where the
compensation is paid to a mortgagee or chargeant, the receipt given by the
mortgagee or chargeant shall release the compensation fund from all claims by
him and any subsequent mortgagee or chargeant, and also from all claims by the
person creating the mortgage or charge and all persons claiming through or
under that person.

(3) A memorandum of the amount paid under sub-paragraph (2) shall, when
practicable, be endorsed on the instrument creating the mortgage or charge,
and shall be signed by the person receiving the compensation, and a copy of
the memorandum shall be furnished by the Department at its expense to all
persons appearing to the Department to be entitled to any estate in the land
subject to the mortgage or charge.

16. Any person claiming to be entitled to any money paid to another person
pursuant to the foregoing provisions of this Schedule may, within six years
after the payment has been made, on giving such notice as may be required by
rules of court or, as the case requires, county court rules, apply for relief
to the High Court, where the amount exceeds #1,000, or to the county court
within the jurisdiction of which the land in respect of which the money has
been paid is situated, where the amount claimed does not exceed #1,000; and
the court may either dismiss the application, or give judgment or make a
decree against the Department for the amount found due in respect of the
claim, and any sum so awarded shall be a debt due to the Department by the
person to whom the money was paid by it, arising at the date of the judgment
or decree.

17.(1) Where the amount of compensation has been determined but for some
reason it is not possible for the Department to obtain a good discharge
therefor,

(a)if the total amount of the compensation does not exceed #1,000, the
Department shall pay the money into the county court and that court shall have
with respect thereto all the jurisdiction exercisable by the High Court under
the Lands Clauses Acts;

(b)if the total amount of the compensation exceeds #1,000, the amount payable
by the Department shall be paid, applied and dealt with in accordance with the
provisions of the Lands Clauses Consolidation Act 1845 with respect to the
purchase money or compensation coming to parties having limited interests, or
prevented from treating, or not making title, and those provisions shall have
effect accordingly.

(2) Money paid into the county court or, as the case may be, the High Court
under sub-paragraph (1) shall, subject to county court rules or rules of
court, be dealt with according to the orders of the court.

(3) The payment of the compensation in the manner provided by sub-paragraph
(1) shall operate to discharge the compensation fund from all claims and
interests in respect of which the compensation is payable.

18.(1) The Department shall pay interest upon the compensation money from the
date of the vesting of the land in respect of which the compensation is
payable until the time of the payment of the money and interest to the party
entitled thereto, or, where such compensation is paid into court, then until
the sum with such interest is paid into court accordingly.

(2) The rate of interest payable under this paragraph shall be such rate as is
determined by order made by the Department of Finance.

19. (Not applicable.)

20.(1) For the purposes of this Schedule the interest of a grantee under a fee
farm grant shall be deemed to be a lesser estate than a fee simple.

(2) (Not applicable.)

1. Before making an order the Department shall publish in the Belfast Gazette
and once at least in each of two successive weeks in one or more newspapers
circulating in the area in which the road, bridge, tunnel, foreshore or
navigable watercourse or proposed road, bridge or tunnel to which the order
relates is situated a notice

(a)stating the general effect of the proposed order;

(b)specifying a place in that area where a copy of a draft of the order and of
any relevant map or plan may be inspected by any person free of charge at all
reasonable hours during a period of not less than thirty days from the date of
the last publication of the notice; and

(c)stating that, within that period, any person may, by notice to the
Department, inform it of the grounds upon which he objects to the making of
the order.

2.(1) The Department shall, not later than the date on which the notice
referred to in paragraph 1 is last published, serve a copy thereof together
with a copy of a draft of the order and of any relevant map or plan on

(a)a relevant body in whose area any road, bridge, tunnel, foreshore or
navigable watercourse, to which the draft of the order relates, is situated;

(b)in relation to a draft of an order under Article 6 or any order affecting
the foreshore, the Crown Estate Commissioners;

(c)in relation to an order under Article 4(1), 5(1) or 6, the Secretary of
State concerned with navigation.

(2) Where the Department proposes to modify the terms of the draft of the
order, the Department shall give and publish, in such manner as appears to it
to be appropriate, such additional notices as the Department considers
appropriate for informing all persons likely to be adversely affected by the
modification.

(3) In this paragraph "relevant body" means

(a)in the case of an order made under Article 4(1), 5(1) or 6

(i)the Commissioners of Irish Lights,

(ii)a district council,

<(iii)a harbour authority as defined in the Harbours Act (Northern Ireland) 1970,


<(iv)the Fisheries Conservancy Board,


(v)the Foyle Fisheries Commission,

<(vi)a pilotage authority within the meaning of the Pilotage Act 1913;


(b)in any other case, a district council.

3. Where the proposed order provides for the abandonment or stopping-up of any
road, the Department shall, not later than the date on which the notice
referred to in paragraph 1 is last published, cause a copy of that notice to
be displayed in a prominent position on that part of the road which is
proposed to be abandoned or stopped-up.

4.(1) If, before the expiration of the period referred to in paragraph 1(b),
the Department receives an objection from any person on whom a copy of the
notice is required to be served under paragraph 2(1) or from any other person
appearing to it to be affected, it shall, subject to sub-paragraph (2), cause
a local inquiry to be held unless the objection is withdrawn.

(2) Unless the objection is made by a person on whom a notice was served under
paragraph 2(1), the Department may dispense with an inquiry if it is satisfied
that it is unnecessary to hold one.

5. After considering

(a)any objections to the proposed order which are not withdrawn;

(b)where a local inquiry is held, the report of the person who held it,

6. If it appears to the Department that in any order to which this Schedule
applies the description of any road, proposed road, bridge, tunnel, navigable
watercourse or foreshore is in any respect incorrect or insufficiently clear,
the Department may by order make such modifications in the provisions of the
first-mentioned order as may be necessary for correcting or clarifying such
description and the provisions of this Schedule shall not apply to such an
order, but the Department shall publish notice of the making of the order in
one or more than one newspaper circulating in the area to which the order
relates.

1. Subject to paragraph 2, nothing in this Order, or in any order made under
it, shall affect any powers of the Post Office under the provisions of the
Telegraph Acts or apply to any telegraphic lines placed or maintained by
virtue of those provisions.

2. Where in pursuance of an order under Article 40 any road is stopped-up,
diverted or abandoned and, immediately before that order comes into force
there is under, in, upon, over, along or across the road any telegraphic line
belonging to or used by the Post Office, the Post Office shall have the same
powers in respect of that line as if the order had not come into force.

3. For the purposes of section 7 of the Telegraph Act 1878, any work proposed
to be carried out under this Order shall be deemed to be work proposed to be
done in the execution of an undertaking authorised by an Act of Parliament and
the Department shall be deemed to be an undertaker for the purposes of
paragraphs (1) to (5) of the said section 7.

4. In paragraphs 1 to 3

"telegraphic line" has the same meaning as in the Telegraph Act 1878, and

"the Telegraph Acts" means the Telegraph Act 1863, the Telegraph Act 1868, the
Telegraph Act 1878, the Telegraph Act 1892, the
Telegraph (Construction) Act 1908, the Telegraph (Arbitration) Act 1909, the
Telegraph (Construction) Act 1911 and the Telegraph (Construction) Act 1916.

5. Nothing in this Order shall prejudice or affect the operation of an
agreement made between the Belfast Harbour Commissioners and the Ministry of
Home Affairs on 8th June 1938 with respect to the construction by that
Ministry of a road connecting the Newtownards Road in the City of Belfast with
the main road between Belfast and Holywood in County Down, and to other
matters related to such construction; and that agreement shall in all respects
have effect as if this Order had not been made.

6. Except as otherwise provided under this Order, the repeal by this Order of
sections 17, 34 and 41 of, and Schedules 5 and 6 to, the Roads Act (Northern
Ireland) 1948 and any provision modifying those sections and Schedules shall
not prejudice the operation of those sections and Schedules and any such
provisions, as applied for the purposes of any other statutory provision
passed before the coming into operation of this Order, and those sections,
Schedules and provisions shall continue to have effect for the purposes of
that other provision as if this Order had not been made.

7. Notwithstanding the repeal of section 8 of, and Schedule 2 to, the Special
Roads Act (Northern Ireland) 1963, Part III shall apply in relation to roads
mentioned in subsections (1) and (2) of that section as if those roads were
designated as special roads by an order made under Article 14.

Schedule 8Amendments. Schedule 9Repeals.

© 1980 Crown Copyright

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