SCHEDULES

SCHEDULE 12AMENDMENTS

The Drainage (Northern Ireland) Order 1973 (NI 1)

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1

In Article 2(2), in the definition of “the Commission”, for the words from “established” to the end substitute “ for Northern Ireland ”.

2

In Article 2(2), in the definition of “watercourse”—

a

after “any drain or sewer” insert “ vested in a sewerage undertaker ”; and

b

for “under the control of the Ministry of Development” substitute “ vested in a water undertaker ”.

3

After Article 40 insert—

Protection for water and sewerage undertakers40A

1

Nothing in this Order shall confer power on any person, except with the consent of a water or sewerage undertaker, to do anything which, whether directly or indirectly, so interferes or will so interfere—

a

with works or property vested in or under the control of that undertaker; or

b

with the use of any such works or property,

as to affect injuriously those works or that property or the carrying out of the functions of that undertaker.

2

A consent for the purposes of sub-paragraph (1) may be given subject to reasonable conditions but shall not be unreasonably withheld.

3

Any dispute—

a

as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1);

b

as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or

c

as to whether any condition subject to which any such consent has been given was reasonable,

may be referred by either party to the dispute to the Commission.

4

In Schedule 5 in paragraph 12 for “the Ministry of Development” substitute “ a sewerage undertaker ”.