# Pollution Control and Local Government (Northern Ireland) Order 1978, Article 49: Execution of works by district council

Extent: N.I.

(1) This Article applies—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) to a noise reduction notice; and
(c) to an order of a court of summary jurisdiction under Article ... 45(6),
being a notice or order which requires any person to execute any works.
(2) If that person fails to execute all or any of the works in accordance with the notice or order, the district council may execute those works.
(3) Where a district council executes works under—
(a) Article... 45(7); or
(b) this Article,
the district council may recover from the person in default the expenditure incurred by the council in executing the works, except such of the expenditure as that person shows was unnecessary in the circumstances.
(4) In proceedings to recover any amount due to a district council under paragraph (3) in respect of works executed by the council under this Article, it shall not be open to the person in default to raise any question which he could have raised on an appeal against the notice or order.
(5) In this Article “the person in default” means—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) in a case under Article 45(7), the person convicted of an offence under paragraph (5) of that Article, and
(iii) in any other case, the person to whom the notice or order applies.

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Source: https://www.legislation.gov.uk/nisi/1978/1049/article/49 (the official version)
Page: https://openlegislation.uk/pollution-control-and-local-government-northern-ireland-order-1978/article-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.