12.—(1) It shall be the duty of a body to which this Article applies in exercising any of its powers under any statutory provision to have particular regard to the duties imposed under Parts IV to VI on any relevant undertaker which appears to that body to be or to be likely to be affected by the exercise of the power in question.
(2) It shall also be the duty of such a body—
(a)in considering whether or not to exercise any of its powers under any statutory provision in relation to a relevant undertaker; or
(b)in deciding the manner in which to exercise any such power,
to take into account the likely costs and benefits of the exercise or non-exercise of the power or its exercise in the manner in question.
(3) Paragraph (2) does not apply to the extent that it is unreasonable for the body to comply with it in view of the nature or purpose of the power or in the circumstances of the particular case.
(4) Paragraph (2) does not affect a body's obligations to discharge any duties, comply with any requirements or pursue any objectives imposed upon or given to it otherwise than under that paragraph.
(5) This Article applies to—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(b) DAERA ;]
[F2(c)the Department;]
(d)any other body which the Department may prescribe.
Textual Amendments
F1Art. 12(5)(a) omitted (8.5.2016) by virtue of The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 76(a) (with art. 9(2))
F2Art. 12(5)(b)(c) substituted (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 6 para. 76(b) (with art. 9(2))
Commencement Information
I1Art. 12 wholly in operation at 1.4.2007; art. 12 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); art. 12 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)