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The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 2007

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PART IIPROVISIONS COMING INTO OPERATION ON THE 1ST APRIL 2007

Provision and extentSubject matter

Part II except:

Article 6(5)(b) in so far as it relates to charges in respect of, and to the extent to, which undue preference or undue discrimination arises by reason of any grant or provision of financial assistance under Article 213(3) or Article 278(1) or the application or use of any such grant or assistance; and

Article 6(5)(c)

Regulatory Authorities and their general duties

In Part III Chapter I:

Article 13 in so far as not already in operation;

Article 14;

Article 19 in so far as not already in operation; and

Articles 20 to 29

Appointments
Part III Chapter II and Schedule 1 in so far as it relates to it except Article 44(1)(c)Enforcement and Insolvency
Part III Chapter IIIConsumer Protection: The General Consumer Council
Part III Chapter IVMiscellaneous and Supplementary
Part IV Chapter I except Articles 70 to73General Duties of Water Undertakers

Part IV Chapter II and Schedules 2 and 3 except:

Articles 74, 75, 86, 87, 88, and 90(2); and

Article 90(1) except in so far as relating to Article 89.

Supply duties
Part IV Chapter III and Schedule 4 in so far as it relates to itQuality and Sufficiency of Supply
Part IV Chapter VSupplemental provisions of Part IV
Part V Chapter I and Schedules 5 and 6Drought
Part V Chapter IIPromotion of the efficient use of water
Part VI Chapter IGeneral Functions of the Sewerage Undertakers
Part VI Chapter II except Articles 157, 159(7)(b), 160(1), (2) and (4) and 167Provision of Sewerage Services
Part VI Chapter IIITrade Effluent
Part VII Chapter I in so far as not already in operation except Articles 200(6) and 201(4)Financial Provisions
Part VII Chapter IIFinancial assistance for Undertakers
Part VIII and Schedule 4, except paragraph 5, and Schedules 7, 8, 9 and 10Undertakers’ Powers and Works

Part IX except:

Article 255(1) in so far as it relates to:

(i)

any consent which, by virtue of Part III of Schedule 2 to this Order (Trade Effluent), is deemed to be given or has effect under Chapter III of Part VI of the 2006 Order;

(ii)

any agreement which by virtue of Part III of Schedule 2 to this Order (Trade Effluent), has effect as if entered into by the sewerage undertaker under Article 187 of the 2006 Order, or

(iii)

any consent or agreement which is given, or entered into, on or after the transfer date pursuant to a notice served, or application made, before the transfer date which, by virtue of Part III of Schedule 2 to this Order (Trade Effluent), is deemed to be given or have effect under Chapter III of Part VI of the 2006 Order; and

Article 263

Information

In Part XI:

Article 280 except, in the application of it or the new Article 7 of the 1999 Order substituted by it, in so far as it relates to a discharge from a public sewer or public sewage treatment works operated by a sewerage undertaker under an operating agreement (as the terms “public sewer”, “public sewage treatment works”, “sewerage undertaker” and “operating agreement” are respectively defined in Articles 2 and 9(6) of the 1999 Order as in force immediately before 1 April 2007);

Articles 281 to 287;

Article 288 in so far as not already in operation;

Article 289;

Article 290 except, in the application of paragraph (4) or the provision substituted by it in so far as it relates to a discharge from a public sewer or public sewage treatment works operated by a sewerage undertaker under an operating agreement (as those terms are respectively defined in the 1999 Order as in force immediately before 1 April 2007); and

Article 291 except, in the application of any provision of or substituted by it, in so far as it relates to a discharge from a public sewer or public sewage treatment works operated by a sewerage undertaker under an operating agreement (as those terms are respectively defined in the 1999 Order as in force immediately before 1 April 2007).

Amendments to the Water Order

Part XII:

Articles 292 to 307;

Article 308(1) and Schedule 12 except, in the application of any provision of or substituted by paragraph 32, in so far as it relates to a discharge from a public sewer or public sewage treatment works operated by a sewerage undertaker under an operating agreement (as those terms are respectively defined in the 1999 Order as in force immediately before 1 April 2007); and

Article 308(2) and Schedule 13 except, in the entry in respect of the 1999 Order, the repeal of Article 9 in so far as it relates to a discharge from a public sewer or public sewage treatment works operated by a sewage undertaker under an operating agreement (as those terms are respectively defined in the 1999 Order as in force immediately before 1 April 2007).

Miscellaneous and Supplemental

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