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The Water and Sewerage Services (Northern Ireland) Order 2006

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Right to communicate with public sewersN.I.
This section has no associated Explanatory Memorandum

163.—(1) Subject to the provisions of this Article [F1and Article 163A]

(a)the owner or occupier of any premises, or

(b)the owner of any private sewer which drains premises,

shall be entitled to have his drains or sewer communicate with the public sewer of any sewerage undertaker and thereby to discharge foul water and surface water from those premises or that private sewer.

(2) In this Article, and in Articles 164 to 166, 168, 170 to 173, 175, 176, 182, 185, 198 and 206—

(a)references (however expressed) to a public sewer include a public lateral drain which satisfies sewer standards; and

(b)for the purposes of sub-paragraph (a)—

(i)a “public lateral drain” is a lateral drain which either belongs to the sewerage undertaker or is vested in the sewerage undertaker by virtue of a declaration made under Article 159 or under an agreement made under Article 161; and

(ii)sewer standards” means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.

(3) Subject to the provisions of Chapter III of this Part, nothing in paragraph (1) shall entitle any person—

(a)to discharge directly or indirectly into any public sewer—

(i)any liquid from a factory, other than domestic sewage or surface or storm water, or any liquid from a manufacturing process; or

(ii)any liquid or other matter the discharge of which into public sewers is prohibited by or under any statutory provision; or

(b)where separate public sewers are provided for foul water and for surface water, to discharge directly or indirectly—

(i)foul water into a sewer provided for surface water; or

(ii)except with the approval of the undertaker, surface water into a sewer provided for foul water; or

(c)to have his drains or sewer made to communicate directly with a storm-water overflow sewer.

(4) A person whose private sewer or drains do not communicate with a public sewer and who is desirous of availing himself of his entitlement under this Article shall give notice of his proposals to the sewerage undertaker in question.

(5) At any time within 21 days after a sewerage undertaker receives a notice under paragraph (4), the undertaker may by notice to the person who gave the notice refuse to permit the communication to be made, if it appears to the undertaker that [F2either of the following grounds is satisfied.]

[F3(5A) The first ground is that the mode of construction or condition of the drain or sewer, or of any associated sustainable drainage system—

(a)does not satisfy the standards reasonably required by the undertaker; or

(b)is such that the making of the communication would be prejudicial to the undertaker's sewerage system.

(5B) The second ground, in the case of a drain or sewer discharging surface water into the public sewer, is that suitable alternatives exist, or could reasonably be provided, for the discharge of that water from the premises or sewer in question.

(5C) The reference in paragraph (5B) to suitable alternatives includes, in particular—

(a)the use of landscaping, natural features or any other kind of arrangement, or

(b)the design or construction of any other feature (whether or not amounting to a “structure” within the meaning of Article 2(3A)),

for the purpose of reducing the volume of water from the premises or sewer that enters public sewers or watercourses, or the rate at which it does so.]

(6) For the purpose of examining the mode of construction and condition of a drain or sewer to which a notice under paragraph (4) relates [F4, or of an associated sustainable drainage system,] a sewerage undertaker may, if necessary, require it to be laid open for inspection.

(7) Where the sewer or drain [F5, or the system,] satisfies the standards reasonably required by it, a sewerage undertaker may, as a condition of permitting the communication to be made, require that the sewer or that part of the drain forming the lateral drain [F6, or the system,] be vested in it by virtue of a declaration under Article 159.

(8) Any question arising under paragraphs (4) to (7) between a sewerage undertaker and a person proposing to make a communication as to—

(a)the reasonableness of the undertaker's refusal to permit a communication to be made; or

(b)as to the reasonableness of any requirement under paragraph (6) or (7),

may, on the application of that person, be determined by the Authority under Article 61 and, accordingly, Article 162 shall not apply to any requirement under paragraph (7).

(9) In this Article “factory” has the same meaning as in the Factories Act (Northern Ireland) 1965 (c. 20).

[F7(10) In this Article an “associated sustainable drainage system” is any sustainable drainage system from which water is or is to be discharged, whether directly or indirectly, into a drain or sewer to which a notice under paragraph (4) relates.]

Textual Amendments

F1Words in art. 163(1) 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. 6(2), 8

F2Words in art. 163(5) 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), ss. 5(2), 8

F3Art. 163(5A)-(5C) 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. 5(3), 8

F4Words in art. 163(6) 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. 8(2)

F5Words in art. 163(7) 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. 8(3)(a)

F6Words in art. 163(7) 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. 8(3)(b)

F7Art. 163(10) 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. 8(4)

Commencement Information

I1Art. 163 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

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