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The Water and Sewerage Services (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

Confirmation with or without modifications

2.—(1) Subject to the following sub-paragraphs, where byelaws are submitted by a relevant undertaker for confirmation under this Schedule, the Department may—

(a)confirm the byelaws without modification;

(b)if the relevant undertaker consents, confirm the byelaws with modifications; or

(c)refuse to confirm any byelaws.

(2) The relevant undertaker which has submitted byelaws for confirmation shall, if so directed by the Department, cause notice of any proposed modifications to be given in accordance with the Department’s directions.

(3) Sub-paragraph (4) applies if before the end of the period of 28 days mentioned in paragraph 1(2)(c) or, where the Department has issued directions under sub-paragraph (2), within such further time as the Department may consider reasonable, notice in writing of an objection is received by the Department from any person appearing to it to be a person who may be adversely affected by the byelaws as submitted or as proposed to be altered.

(4) The Department, before confirming the byelaws, shall, unless the objections are met or withdrawn or it is satisfied that they are solely of a frivolous or vexatious nature, either—

(a)cause a local inquiry to be held; or

(b)afford to the objector an opportunity of appearing before, and being heard by an independent person appointed by the Department for the purpose.

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