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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.

© 1978 Crown Copyright

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