Search Legislation

Reservoirs Act (Northern Ireland) 2015

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Reservoirs Act (Northern Ireland) 2015, Section 78. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Stop notices: content and procedureN.I.

This section has no associated Explanatory Notes

78—(1) Regulations made under section 77(1) must secure the results in subsection (2) in a case where a stop notice is served.

(2) The results are that—

(a)the stop notice must include information as to the matters specified in subsection (3),

(b)the reservoir manager on whom the notice is served may appeal to the Water Appeals Commission against the decision to serve it,

(c)where, after serving the stop notice, the Department is satisfied that the manager has taken the steps specified in the notice, the Department must give a certificate to that effect (a “completion certificate”),

(d)the stop notice ceases to have effect on the giving of a completion certificate,

(e)the reservoir manager on whom the stop notice is served may at any time apply for a completion certificate,

(f)the Department must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate is made,

(g)the reservoir manager on whom the stop notice is served may appeal to the Water Appeals Commission against a decision not to give a completion certificate,

(h)a stop notice in respect of which an appeal referred to in paragraph (b) or (g) is made continues to have effect pending a decision being made in the appeal.

(3) The matters referred to in subsection (2)(a) are—

(a)the grounds for serving the stop notice,

(b)rights of appeal,

(c)the consequences of non-compliance with the stop notice.

(4) Provision pursuant to subsection (2)(b) must—

(a)secure that the grounds on which a reservoir manager may appeal against a decision of the Department to serve a stop notice include that—

(i)the decision was based on an error of fact,

(ii)the decision was wrong in law,

(iii)the decision was unreasonable,

(iv)any step specified in the notice is unreasonable,

(b)secure that the Commission may confirm, quash or vary the decision.

(5) Provision pursuant to subsection (2)(g) must—

(a)secure that the grounds on which a reservoir manager may appeal against a decision of the Department not to give a completion certificate include that—

(i)the decision was based on an error of fact,

(ii)the decision was wrong in law,

(iii)the decision was unreasonable,

(b)secure that the Commission may confirm or quash the decision.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources