19.7.4  Miscellaneous provisions of the 1993 Order

19.7.4.1  Section 17(1) helpfully provides that powers conferred on statutory undertakers by statute to lay down or erect any apparatus over or under land comprised in the route of a special road shall not be exercisable except with the consent of ORO. This eliminates what is typically a risk in roads projects.

19.7.4.2  Sections 23 to 26 give ORO the necessary vires to enter into concession agreements.

19.7.4.3  Sections 28 to 40 set out the relevant provisions relating to the charging of tolls and making of toll orders.

19.7.4.4  Section 26 overrides the statutory law of landlord and tenant with respect to any lease entered into between the Authority and the Concessionaire. This is extremely helpful given the effect of the Business Tenancies (Northern Ireland) Order 1996 (See Sections 31.2.5 to 31.2.10 above).