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LAND ACQUISITION AND COMPENSATION (NORTHERN

22.(1) The Ministry of Development, or any other Ministry after consultation
with the Ministry of Development, may make regulations imposing a duty or
conferring a power on responsible authorities to insulate buildings against
noise caused or expected to be caused by the construction or use of public
works or to make grants in respect of the cost of such insulation.

(2) Regulations under this Article may

(a)make provision as to the level of noise giving rise to a duty or power
under the regulations and the area in which a building must be situated if a
duty or power is to arise in respect of it;

(b)specify the classes of public works and of buildings in respect of which a
duty or power is to arise, and the classes of persons entitled to make claims,
under the regulations;

(c)specify the nature and extent of the work which is to be undertaken under
the regulations and the expenditure in respect of which and the rate at which
grants are to be made under the regulations;

(d)make the carrying out of work or the making of grants under the regulations
dependent upon compliance with conditions;

(e)authorise or require the Housing Executive, any district council or public
body to act as agents for responsible authorities in dealing with claims and
in discharging or exercising the duties or powers of responsible authorities
under the regulations;

(f)make provision for the making by responsible authorities of payments to the
Housing Executive, any district council or public body in respect of anything
done by them as agents as mentioned in sub-paragraph (e);

(g)make provision as to the funds out of which expenses incurred by
responsible authorities under the regulations are to be defrayed;

(h)make provision for the settlement of disputes arising under the
regulations.

(3) Without prejudice to the generality of sub-paragraph (a) of paragraph (2),
regulations made by virtue of that sub-paragraph may provide for the relevant
level of noise or the relevant area in a particular case to be determined by
reference to a document published by or on behalf of the Ministry of
Development or by any other authority or body or in such other manner as may
be provided in the regulations.

(4) If regulations under this Article impose a duty or confer a power to carry
out, or make a grant in respect of the cost of, work in respect of a building
which is subject to a tenancy on a claim in that behalf made by the landlord
or the tenant, provision may also be made by the regulations for enabling the
work to be carried out notwithstanding the withholding of consent by the other
party to the tenancy.

(5) Regulations under this Article may contain supplementary and ancillary
provisions and may make different provision with respect to different areas.

(6) A draft of any regulations under this Article shall be laid before
Parliament and the first regulations shall not be made unless the draft has
been approved by a resolution of each House of Parliament.

(7) In this Article "public works" and "responsible authority" have the same
meaning as in Article 4 except that "public works" does not include an
aerodrome and except that "responsible authority", in relation to a road,
includes any person having power to make an order or regulations in respect of
that road under [Part III of the Road Traffic (Northern Ireland) Order 1981]
(traffic regulation).

© 2001 Crown Copyright

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