Article 2 Interpretation

“adjoining” includes abutting on;

“building regulations” means regulations made under Article 3(1) of the Building Regulations (Northern Ireland) Order 1972 1972 NI 19 or under Article 3(1) of the Building Regulations (Northern Ireland) Order 1979 1979 NI 16;

“the Department” means the Department of the Environment;

“fronting” includes adjoining;

“industrial premises” means premises used or designed or suitable for use for the carrying on of any industrial undertaking and includes premises used for purposes ancillary to the carrying on of any such undertaking;

“industrial undertaking” includes any undertaking by which any process for, or incidental to, any of the following purposes is, or is intended to be, carried on—

1. (a)

   the making of any article or substance, or part of any article or substance;

2. (b)

   the altering, repairing, ornamenting, finishing, cleaning, washing, preserving, packing, canning, adapting for sale, breaking-up or demolition of any article or substance;

3. (c)

   without prejudice to paragraph ( b), the getting, dressing or preparation for sale of minerals or the extraction or preparation for sale of oil or brine,

being a process carried on in the course of a trade or business; and for the purposes of this definition, the expression “article” means an article of any description, including aF2 ship as defined in the Merchant Shipping Act 1995;

“owner” means the person for the time being receiving the rack rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such land or premises were let at a rack rent;

“paving” includes metalling and flagging and all other methods of making a carriage-way, footway or footpath;

“ the Planning Act ” means the Planning Act (Northern Ireland) 2011;

“premises” includes land;

“public body” means a body established by or under any statutory provision;

“public road” means a street which is maintainable at the expense of the Department;

“responsible person” has the meaning assigned to it by Article 36;

“statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954 1954 c.33;

“street” includes—

1. (a)

   any highway, any public bridge and any road, lane, footpath, square, court, alley or passage, whether a thoroughfare or not;

2. (b)

   any part of a street; and

3. (c)

   any land which the Department, in exercise of street planning functions, determines shall be regarded as being comprised in a street for the purposes of Part III;

“street planning functions” has the meaning assigned to it by Article 3(2);

“street works” means any works for the sewering, levelling, paving, channelling and making good of a streetF3 and includes the provision of proper means for lighting a street;

“transfer” in relation to premises or any estate therein includes any disposal of the premises or estate whether by sale, lease, exchange, gift or otherwise.