Occupiers' Liability (Northern Ireland) Order 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/1280 |
| Year | 1987 |
1987 No. 1280 (N.I. 15)
NORTHERN IRELAND
The Occupiers' Liability (Northern Ireland) Order 1987
Made 21th July 1987
Coming into Operation 22th September 1987
At the Court at Buckingham Palace, the 21st day of July 1987
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act11974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title and commencement
1. This Order may be cited as the Occupiers' Liability (Northern Ireland) Order 1987 and shall come into operation on the expiration of two months from the day on which it is made.
Interpretation
2. The Interpretation Act (Northern Ireland) 21954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
Duty of occupier to person other than his visitors
3.—(1) The rules enacted by this Article shall have effect, in place of the rules of the common law, to determine—
(a)
(a) whether any duty is owed by a person as occupier of premises to persons other than his visitors in respect of any risk of their suffering injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them; and
(b)
(b) if so, what that duty is.
(2) For the purposes of this Article, the persons who are to be treated respectively as an occupier of any premises (which, for those purposes, include any fixed or movable structure) and as his visitors are—
(a)
(a) any person who owes in relation to the premises the duty referred to in section 2 of the Occupiers' Liability Act (Northern Ireland)31957 (the common duty of care), and
(b)
(b) those who are his visitors for the purposes of that duty.
(3) An occupier of premises owes a duty to another (not being his visitor) in respect of any such risk as is referred to in paragraph (1) if—
(a)
(a) he is aware of the danger or has reasonable grounds to believe that it exists;
(b)
(b) he knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger (in either case, whether the other has lawful authority for being in that vicinity or not); and
(c)
(c) the risk is one against...
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