Adoption of sewers [F1, sustainable drainage systems] and waste water treatment worksN.I.
159.—(1) Subject to the following provisions of this Article and to Articles 160, 162 and 206(3), a sewerage undertaker may at any time declare that—
(a)any sewer which is situated within its area or which serves the whole or any part of that area; or
(b)any lateral drain which communicates or is to communicate with a public sewer which—
(i)is so situated or serves the whole or any part of that area; and
(ii)is vested in that undertaker; or
[F2(ba)any sustainable drainage system which is so situated or which serves the whole or any part of that area; or]
(c)any waste water treatment works which are so situated or which serve the whole or any part of that area,
shall, as from such date as may be specified in the declaration, become vested in the undertaker.
(2) The owner, or any of the owners, of any sewer, lateral drain [F3, sustainable drainage system] or waste water treatment works with respect to which a sewerage undertaker might make a declaration under this Article may make an application to that undertaker requesting it to make a declaration under this Article with respect to the sewer, lateral drain [F4, system] or works.
(3) A declaration or application under this Article may be made with respect to a part only of a sewer.
(4) A sewerage undertaker which proposes to make a declaration under this Article—
(a)shall give notice of its proposal to the owner or owners of the sewer, lateral drain [F5, system] or works in question; and
(b)shall take no further action in the matter until two months have elapsed without an appeal against the proposal being lodged under Article 162 or, as the case may be, until any appeal so lodged has been determined.
(5) A sewerage undertaker, in deciding whether a declaration should be made under this Article, shall have regard to all the circumstances of the case and, in particular, to the following considerations, that is to say—
(a)whether the sewer [F6, system] or works in question is or are adapted to, or required for, any general system of sewerage or sewage disposal which the undertaker has provided, or proposes to provide, for the whole or any part of its area;
(b)whether the sewer [F7, lateral drain or system] is constructed under a road or under land reserved by a planning scheme for a street;
(c)the number of buildings which the sewer [F8, lateral drain or system] is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;
(d)the method of construction and state of repair of the sewer, lateral drain [F9, system] or works; and
(e)in a case where an owner objects, whether the making of the proposed declaration would be seriously detrimental to him.
(6) Any person who immediately before the making of a declaration under this Article was entitled to use the sewer [F10, lateral drain or system] in question shall be entitled to use it, or any sewer [F10, lateral drain or system] substituted for it, to the same extent as if the declaration had not been made.
(7) No declaration may be made under this Article in respect of—
(a)any sewer or works the construction of which was completed before 1st October 1973;
(b)any lateral drain the construction of which was completed before the transfer date.
Textual Amendments
F1Words in art. 159 heading inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(2)
F2Art. 159(1)(ba) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), ss. 4(3), 8
F3Words in art. 159(2) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(3)(a)
F4Word in art. 159(2) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(3)(b)
F5Word in art. 159(4)(a) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(4)
F6Word in art. 159(5)(a) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(5)(a)
F7Words in art. 159(5)(b) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(5)(b)
F8Words in art. 159(5)(c) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(5)(c)
F9Word in art. 159(5)(d) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(5)(d)
F10Words in art. 159(6) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 4(6)
Commencement Information
I1Art. 159 partly in operation; art. 159 not in operation at date of making see art. 1(2); art. 159 in operation (except art. 159(7)(b)) at 1.4.2007 by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)