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POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- LONG TITLE

[25th July 1978]
[{4}Article 36 of the Clean Air (Northern Ireland) Order 1981|]
(which makes it an offence to disclose information relating to any
trade secret). B>(8) So long as a district council exercises any of
its powers under paragraph (2), it shall consult such persons
carrying on any trade or business in the council's district, or
such organisations appearing to the council to be representative of
those persons, and such persons appearing to the council to be
conversant with problems of air pollution or to have an interest in
local amenity as appear to the council to be appropriate C >>( a
) about the way in which the district council exercises its powers
under this Article and Article 58; and C >>( b ) about the extent
to which, and the manner in which, any information collected under
those powers should be made available to the public. B>(9) The
consultations shall take place not less than twice in each financial
year. B Notices requiring information about air pollution A> 58. (1)
A district council may by notice require the occupier of any
premises in its district to furnish, whether by periodical returns
or by other means, such estimates or other information as may be
specified or described in the notice concerning the emission of
pollutants and other substances into the air from the premises.
B>(2) This Article shall not apply to premises in so far as they
consist of a private dwelling. B>(3) If the notice relates to a
work subject to the Alkali Act, the person on whom the notice is
served shall not be obliged to supply any information which, as
certified by an inspector appointed under that Act, is not of a
kind which is being supplied to the inspector for the purposes of
that Act. B>(4) The person on whom a notice is served under this
section shall comply with the notice within six weeks of the date
of service, or within such longer period as the district council
may by notice allow. B>(5) A notice under this Article shall not
require returns at intervals of less than three months, and no one
notice (whether or not requiring periodical returns) shall call for
information covering a period of more than twelve months. <1981 NI 4 ]
rt.44(3) sch.5

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 63

63.(1) In this Part

"a work subject to the Alkali Act" means a work registered under
section 9 of the Alkali Act, excluding the whole or part of such
a work while the work or part is the subject of an order made or
treated as made under [paragraph (8) of Article 25 of the Clean
Air (Northern Ireland) Order 1981] (under which certain statutory
provisions relating to clean air which apart from that [paragraph]
do not apply to works so registered may be applied to such works).

(2) References in this Part to the emission of substances into the
atmosphere shall be construed as applying to substances in a gaseous
or liquid or solid state, or any combination of those states.

(3) Any reference in this Part to measurement includes a reference
to the taking of samples.

PartV (art.64), with Schedule 3, effects amendments

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 65

65.(1) If it appears to a district council that

(a)any premises are in such a state (in this Article referred to
as a "defective state") as to be prejudicial to health or a
nuisance, and

(b)unreasonable delay in remedying the defective state would be
occasioned by following the procedure prescribed by sections 110 to
116 of the Public Health (Ireland) Act 1878,

(2) Subject to paragraph (3), the district council may, after the
expiration of nine days after service of a notice under paragraph
(1), execute such works as may be necessary to remedy the defective
state and may recover the expenses reasonably incurred in so doing
from the person on whom the notice was served.

(3) If, within seven days after service of a notice under paragraph
(1) the person on whom the notice was served serves a
counter-notice that he intends to remedy the defects specified in
the first-mentioned notice, the district council shall take no action
under the first-mentioned notice unless the person who served the
counter-notice either

(a)fails within what seems to the district council a reasonable time
to begin to execute works to remedy the said defects, or

(b)having begun to execute such works fails to make such progress
towards their completion as seems to the district council reasonable.

(4) In proceedings to recover expenses under this Article the court

(a)shall inquire whether the district council were justified in
concluding that the premises were in a defective state, or that
unreasonable delay in remedying the defective state would have been
occasioned by following the procedure prescribed by sections 110 to
116 of the Public Health (Ireland) Act 1878, and

(b)if the defendant proves that he served a counter-notice under
paragraph (3), shall inquire whether the defendant failed to begin
the works to remedy the defects within a reasonable time, or failed
to make reasonable progress towards their completion,

(i)that the district council was not justified in either of the
conclusions mentioned in sub-paragraph (a), or

(ii)that there was no failure under sub-paragraph (b),

(5) Subject to paragraph (4), in proceedings to recover expenses
under this Article the court may inquire whether the said expenses
ought to be borne wholly or in part by some person other than the
defendant in the proceedings, and the court may make such order
concerning the expenses or their apportionment as appears to the
court to be just; so, however, that the court shall not order the
expenses or any part of them to be borne by any person other than
the defendant in the proceedings unless the court is satisfied that
that other person has had due notice of the proceedings and an
opportunity of being heard.

(6) A district council shall not serve a notice under this Article,
or proceed with the execution of works in accordance with a notice
so served, in respect of any building which is a listed building
within the meaning of the Planning (Northern Ireland) Order 1972.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 66

66.(1) If it appears to a district council that a building or
structure is by reason of its ruinous or dilapidated condition
seriously detrimental to the amenities of the neighbourhood, the
district council may by notice require the owner thereof

(a)to execute such works of repair or restoration, or

(b)if he so elects, to take such steps for demolishing the building
or structure, or any part thereof, and removing any rubbish or
other material resulting from or exposed by the demolition,

(2) If it appears to a district council that rubbish or other
material resulting from, or exposed by, the demolition or collapse
of a building or structure is lying on the site or on any
adjoining land, and that by reason thereof the site or land is in
such a condition as to be seriously detrimental to the amenities of
the neighbourhood, the district council may by notice require the
owner of the site or land to take such steps for removing the
rubbish or material as may be necessary in the interests of
amenity.

(3) Section 269 of the Public Health (Ireland) Act 1878, section 7
of the Public Health Acts Amendment Act 1890 and section 7 of the
Public Health Acts Amendment Act 1907 (appeals) shall apply in
relation to any notice served under this Article.

(4) A notice served under paragraph (1) or (2) shall indicate both
the nature of the works of repair or restoration and the works of
demolition and removal of rubbish or material.

(5) Subject to the right of appeal under paragraph (3), if a
person on whom a notice is served under paragraph (1) or (2) fails
to comply with the notice then

(a)he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding #200; and

(b)the district council which served the notice may do what that
person was required by the notice to do and may recover from him
any expenses reasonably incurred by the council in doing it.

(6) Where a person is convicted under paragraph (5) in respect of
a failure to comply with a notice and the failure continues after
conviction, he shall be guilty of a further offence under paragraph
(5) and shall be liable on summary conviction, in addition to the
fine specified in that paragraph, to a fine not exceeding #50 for
every day subsequent to the day on which he is first convicted of
an offence under that paragraph on which the failure continues and
before the day on which the district council has begun to exercise
its powers under paragraph (5)(b).

(7) This Article shall not apply to any advertisement as defined in
Article 2(2) of the Planning (Northern Ireland) Order 1972.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 67

67.(1) A district council may make bye-laws

(a)for regulating the hours during which pleasure fairs may be open
to the public;

(b)for securing safe and adequate means of ingress to, and egress
from, any pleasure fair;

(c)for the prevention and suppression of nuisances, and the
preservation of sanitary conditions, cleanliness, order and public
safety, at any pleasure fair;

(d)without prejudice to the generality of sub-paragraph (c), for the
prevention of outbreaks of fire which might endanger

(i)stands, stalls or other structures used or intended for use in
connection with any pleasure fair; or

(ii)caravans used or intended for use as sleeping accommodation in
connection with any pleasure fair;

(b)and for the reduction of the risks of, and the spread of fire
from, such an outbreak;

(2) Bye-laws made under this Article may provide that a person
contravening them shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding #200 and, in the
case of a continuing offence, a further fine not exceeding #5 for
each day on which the offence continues after conviction.

(3) In this Article "pleasure fair" means any place which is for
the time being used wholly or mainly for providing, whether or not
in combination with any other entertainment, any entertainment to
which this Article applies.

(4) The entertainments to which this Article applies are

(a)circuses;

(b)exhibitions of human beings or of performing animals;

(c)merry-go-rounds, roundabouts, swings, switchback railways;

(d)coco-nut shies, hoop-las, shooting galleries, bowling alleys;

(e)roller skating rinks;

(f)dodgems or other mechanical riding or driving contrivances;

(g)automatic or other machines intended for entertainment or
amusement;

(h)anything similar to any of the foregoing.

(5) The Department shall be the Department concerned as respects
bye-laws under this Article and the Department shall not confirm any
bye-law under this Article unless satisfied that all bodies which
appear to be representative of the interests of those who carry on
pleasure fairs and entertainments to which this Article applies and,
in the case of a bye-law made under paragraph (1)(d), the Fire
Authority for Northern Ireland have been consulted on the matters
dealt with by the bye-laws.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 68

68.(1) For the prevention of danger, obstruction or annoyance to
persons bathing in the sea or using the seashore, a district
council may make bye-laws

(a)regulating the speed of pleasure boats;

(b)regulating the use of pleasure boats so as to prevent their
navigation in a dangerous manner or without due care and attention
or without reasonable consideration for other persons;

(c)requiring the use of effectual silencers on pleasure boats
propelled by internal combustion engines.

(2) Bye-laws made under this Article may provide that a person
contravening them shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding #200 and, in the
case of a continuing offence, a further fine not exceeding #5 for
each day on which the offence continues after conviction.

(3) The Department shall be the Department concerned as respects
bye-laws made under this Article; so, however, that before confirming
any such bye-laws the Department may amend the bye-laws so as to
reduce the area in which the bye-laws have effect if it appears to
the Department appropriate to do so with a view to ensuring that
the byelaws do not have effect in any area for which another
district council has made or may make bye-laws under this Article.

(4) Any bye-law may be made under this Article so as to have
effect not only within the district of the district council but
also, where any part of that district is bounded by or is to
seaward of the high-water mark of mean tides, as respects any area
of the sea which is outside that district within 1,000 metres to
seaward of any place where that mark is within or on the boundary
of that district; and any offence against any such bye-law made to
have effect as mentioned in this paragraph may be inquired into and
dealt with as if committed within the district of the district
council.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 69

69.(1) A district council may, for the purpose of enabling it to
perform any of its functions under the Public Health Acts (Northern
Ireland) 1878 to 1967, serve on the occupier of any land, and any
person who either directly or indirectly receives rent in respect of
any land, a notice requiring him to state in writing the nature of
his own estate in the land and the name and address of any other
person known to him to have an estate in the land.

(2) Any person who

(a)fails without reasonable excuse to comply with the requirements of
a notice served on him under this Article; or

(b)in stating any information in compliance with such a notice,
makes any statement which he knows to be false in a material
particular or recklessly makes any statement which is false in a
material particular,

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 70

70.(1) Where a district council is satisfied that a nuisance has
occurred on any premises and is likely to recur on the same
premises, the council may serve a notice (in this Article referred
to as a prohibition notice)

(a)in the case of a nuisance arising from any defect of a
structural character, on the owner of the premises, and

(b)in any other case, on the person by whose act, default or
sufferance the nuisance arose or, if that person cannot be found,
on the owner or occupier of the premises,

(2) A district council may if it thinks fit specify in a
prohibition notice any works necessary to prevent a recurrence of
the nuisance to which the notice relates and require the execution
of those works.

(3) A prohibition notice may be served whether the nuisance to
which it relates is in existence at the time of service of the
notice or not and whether or not a notice to abate the nuisance
has previously been served with respect to that nuisance.

(4) A prohibition notice and a notice to abate the nuisance may be
contained in the same document.

(5) Where a district council has served a prohibition notice with
respect to a nuisance and the nuisance recurs or the person on
whom the notice was served fails to comply with any of the
requirements of the notice, the council may make a complaint
relating to the nuisance under Part IX of the Magistrates' Courts
Act (Northern Ireland) 1964.

(6) If on the hearing of a complaint under this Article it is
proved

(a)that the nuisance has recurred (whether or not it still exists
at the date of the hearing) or that the defendant has failed to
comply with any of the requirements of the prohibition notice, and

(b)that the nuisance is likely to recur,

(7) Sections 107 to 120 and 122 to 129 of the Public Health
(Ireland) Act 1878 shall, with the necessary adaptations and
modifications, apply in relation to proceedings under paragraphs (5)
and (6) as they apply in relation to proceedings under sections 111
and 112 of that Act.

(8) Where on the hearing of a complaint under paragraph (6) it is
proved that at the date of the making of the complaint the
nuisance to which the prohibition relates had recurred or that the
defendant had failed to comply with any of the requirements of the
notice and, in either case, that the nuisance was likely to recur,
then, whether or not at the date of the hearing the failure
continues or the nuisance is likely to recur, the court shall order
the defendant to pay to the district council such reasonable sum as
the court may determine in respect of the expenses incurred by the
council in, or in connection with, the making of the complaint and
the proceedings before the court.

(9) In this Article "nuisance" has the same meaning as in the
Public Health (Ireland) Act 1878.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 71

71.(1) A district council may take any steps for the purpose of
abating or mitigating any nuisance, annoyance or damage caused by
the congregation in any built-up area of feral pigeons or of
starlings or house sparrows.

(2) Nothing in this Article shall authorise a district council to
do anything in contravention of the Wild Birds Protection Acts
(Northern Ireland) 1931 to 1968.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 72

72.(1) Subject to paragraph (2), a district council may serve on
any person a notice requiring him to furnish to the council, within
a period or at times specified in the notice and in a form so
specified, any information so specified which the council reasonably
considers that it needs for the purposes of any function conferred
on the council by this Order.

(2) Provision may be made by regulations for restricting the
information which may be required under paragraph (1) and for
determining the form in which the information is to be so required.

(3) A person who

(a)fails without reasonable excuse to comply with the requirements of
a notice served on him under this Article; or

(b)in furnishing any information in compliance with such a notice,
makes any statement which he knows to be false in a material
particular or recklessly makes any statement which is false in a
material particular,

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 73

73. A district council may acquire land otherwise than by agreement
for the purposes of the Public Health Acts (Northern Ireland) 1878
to 1967,... and this Order.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 74

74.(1) The power conferred on a person authorised in writing by a
district council by section 98 of the Local Government Act (Northern
Ireland) 1972 to enter any land includes power

(a)to enter any land for the purpose of

(i)determining whether any provision of this Order or of any
regulation made under this Order is being complied with;

(ii)carrying out such inspections, measurements and tests on the land
or of any articles on it as he considers appropriate for the
purpose mentioned in head (i);

(b)to enter any vessel for any purpose for which he may enter any
land;

(c)to take and carry away for examination samples of any articles
on the land or vessel.

(2) Where any motor vehicle or thing which is authorised by this
Order to be removed from any land is damaged in the exercise of a
right of entry conferred under section 98 of that Act of 1972 or
in the doing of any thing for the purpose of which such right of
entry has been so conferred, subsection (5) of that section shall
not apply.

Para.(3) inserts s.98(1)(c) in 1972 c.9 (NI)

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 75

75. Anything required or authorised by Articles 30 to 32 and 65 to
be done by a district council may be done by an officer of the
council authorised in that behalf by the council either generally or
specifically.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 76

76.(1) If a person discloses information relating to any trade
secret used in carrying on a particular undertaking and the
information has been given to him or obtained by him under this
Order he shall, subject to paragraph (2), be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding
#400.

(2) A person shall not be guilty of an offence under paragraph (1)
by virtue of the disclosure of any information if

(a)the disclosure is made

(i)in the performance of his duty, or

(ii)under Article 57(1)(b), or

<(iii)with the consent in writing of a person having a right to disclose the information; or

(b)the information is of a kind prescribed for the purposes of this
sub-paragraph and, if regulations made for those purposes provide
that information of that kind may only be disclosed under the
regulations to prescribed persons, the disclosure is to a prescribed
person.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 77

77. The Department may cause a local inquiry to be held in any
case in which the Department considers it appropriate for such an
inquiry to be held either in connection with a provision of this
Order or with a view to preventing or dealing with pollution or
noise at any place.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 78

78. The Department may

(a)undertake, or contribute towards the cost of, investigations and
research relevant to the problems of waste collection and disposal;
and

(b)arrange for the publication of information relating to those
problems.

Art.79 amends s.12 of 1929 c.13 (NI). Art.80, with Schedule 4,
effects amendments. Art.81(1), with Schedule 5, effects amendments;
para.(2) amends s.2 of 1878 c.52

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 82

82.(1) The Department may by regulations amend the Alkali Act or
the [Clean Air (Northern Ireland) Order 1981] by substituting an
amount expressed in metric units for an amount not so expressed.

(2) Any amendments made under paragraph (1) shall be such as to
preserve the effect of those Acts except to such an extent as in
the opinion of the Department is necessary to obtain amounts
expressed in convenient and suitable terms.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 83

83. The Secretary of State may by order make such modifications of
this Order as he considers necessary or expedient with a view to
enabling effect to be given to any provision made by or under any
international agreement to which the Government of the United Kingdom
is for the time being a party.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 84

84.(1) Where a person appeals against a decision of a court of
summary jurisdiction dismissing an appeal against a notice served
under this Order which was suspended pending determination of that
appeal, the notice shall again be suspended pending the determination
of the appeal.

(2) Where the commission by any person of an offence under this
Order is due to the act or default of some other person, that
other person shall be guilty of the offence; and a person may be
charged with and convicted of an offence under this paragraph
whether or not proceedings for the offence are taken against any
other person.

(3) Notwithstanding anything in section 34 of the Magistrates' Courts
Act (Northern Ireland) 1964, proceedings for an offence under
Article... 28 or 29 may be brought at any time

Sub-para.(a) rep. by 1980 NI6 art.13 sch.2

(b)in the case of an offence under Article 28, within six months
from the date on which the litter thrown, dumped or otherwise
deposited was last found to remain upon the place into or upon
which it was thrown, dumped or deposited; or

(c)in the case of an offence under Article 29, within six months
from the date on which the motor vehicle or thing which formed
part of a motor vehicle was last found to remain upon the land on
which it was abandoned.

(4) Where an appeal against a decision of a relevant council lies
to a court of summary jurisdiction under this Order, the district
council shall include in any document by which it notifies the
decision to the person concerned a statement indicating that such an
appeal lies as aforesaid and specifying the time within which it
must be brought.

(5) Where on an appeal to any court against or arising out of a
decision of a district council under this Order the court varies or
reverses the decision the council shall act in accordance with the
court's decision.

(6) A judge of any court and a justice of the peace shall not be
disqualified from acting in cases arising under this Order by reason
of his being, as one of several ratepayers or as one of any other
class of persons, liable in common with the others to contribute to
or be benefited by any rate or fund out of which any expenses of
a district council are to be defrayed.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 85

85.(1) Where any damage is caused by poisonous, noxious or polluting
waste which has been deposited on land, any person who deposited it
or caused or knowingly permitted it to be deposited, in either case
so as to commit an offence under Article 5(3) or 18(2) is liable
for the damage except where the damage

(a)was due wholly to the fault of the person who suffered it; or

(b)was suffered by a person who voluntarily accepted the risk
thereof.

(2) The matters which under Article 5(4)(a) to (c) may be proved
by way of defence to a charge of committing an offence under
Article 5(3) may be proved also by way of defence to an action
brought under paragraph (1) of this Article (the reference in the
said sub-paragraph (a) to the charge being construed as a reference
to the act alleged to give rise to the liability).

(3) In this Article

"damage" includes the death of, or injury to, any person (including
any disease and any impairment of physical or mental condition);

"fault" has the same meaning as in the Law Reform (Miscellaneous
Provisions) Act (Northern Ireland) 1948; and

"land" includes such water as is mentioned in Article 6(4).

(4) For the purposes of the following statutory provisions, namely

(a)the Fatal Accidents (Northern Ireland) Order 1977;

(b)the Law Reform (Miscellaneous Provisions) Act (Northern Ireland)
1948; and

(c)the Limitation Acts (Northern Ireland) 1958 to 1976,

(5) Paragraph (1) is without prejudice to any liability which arises
apart from the provisions of this Article.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 86

86.(1) Subject to Article 18(4), an order made by the Department
under this Order and regulations made under this Order shall be
subject to negative resolution.

(2) Orders made by the Department under this Order and regulations
under this Order may contain incidental, supplementary and
transitional provisions.

POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978
- SECT 87

87.Para.(1), with Schedule 6, effects amendments; para.(2), with
Schedule 7, effects repeals

(3) The Department may by order repeal or amend any provision of
any local or private Act or of any statutory instrument as defined
by section 1(c) of the Interpretation Act (Northern Ireland) 1954 if
it appears to the Department that the provision is inconsistent
with, or has become unnecessary or requires alteration in consequence
of, any provision of this Order or corresponds to any provision
repealed by this Order.

(4) An order under Article 1 may make such transitional provisions
as appear to the Head of the Department to be necessary or
expedient in connection with the provisions thereby brought into
operation, including such adaptations of those provisions as appear
to him to be necessary or expedient in consequence of the partial
operation of this Order.

1. A district council shall after making any noise abatement order
cause to be published in the Belfast Gazette and once at least in
each of two successive weeks in one or more than one newspaper
circulating in the district to which the order relates a notice

(a)stating that the order has been made, and its general effect;

(b)specifying a place in the district of the district council where
a copy of the order and of any map or plan referred to therein
may be inspected by any person free of charge at all reasonable
times during a period of not less than six weeks from the date of
the last publication of the notice; and

(c)stating that within the said period any person who will be
affected by the order may by notice to the Department object to
the confirmation of the order.

2. Besides publishing the notice referred to in paragraph 1, the
district council which has made an order shall post, and keep
posted throughout the said period, copies of the notice in such
number of conspicuous places within the district to which the order
relates as appear to it necessary for the purpose of bringing the
making of the order to the notice of persons who will be affected.

3. If no objection is duly made to the Department within the said
period, or if every objection so made is withdrawn, the Department
may confirm the order (with or without modifications) or refuse to
confirm the order, as the Department thinks fit.

4. If any objection duly made to the Department is not withdrawn,
the Department

(a)may, if it thinks it necessary to do so, afford to the person
who made the objection and to the district council an opportunity
of appearing before and being heard by a person appointed by the
Department for that purpose; and

(b)shall consider any objection not withdrawn and, where a hearing
takes place, the report of the person appointed for that purpose;

5. On receipt of notice that the Department has confirmed an order,
the district council shall take such steps as appear to it to be
suitable for bringing the confirmation of the order to the notice
of persons affected by the order.

6. An order when confirmed shall, subject to paragraph 7, come into
operation on such date as may be specified therein, not being a
date earlier than six months from the date of the confirmation.

7. If, before the date on which an order is to come into force,
the district council

(a)passes a resolution postponing the coming into operation thereof;
and

(b)publishes a notice stating the effect of the resolution once at
least in each of two successive weeks in one or more than one
newspaper circulating in the area to which the order relates;

8. A district council shall not exercise its power under paragraph
7 to postpone the coming into operation of a noise abatement order
for a period of, or for periods amounting in all to, more than
twelve months without the consent of the Department.

Schedule 2 rep. by 1981 NI4 art.44(3) sch.5. Schedules 36Amendments.
Schedule 7Repeals

Article 43(3).