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PART 6 N.I.CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

Prospective

Enforcement of commissioning of engineersN.I.

Commissioning of engineer by DepartmentN.I.

69—(1) The Department may commission a relevant engineer where—

(a)it has by notice under section 67(2) required a reservoir manager to do so,

(b)the reservoir manager has failed to do so.

(2) Any commissioning of a relevant engineer under this section is to be treated for the purposes of this Act as if the commissioning were by the reservoir manager under section 25(2), 34(1) or 43(2)(a).

(3) The commissioning of a relevant engineer under this section—

(a)has no effect if the reservoir manager has already commissioned a relevant engineer,

(b)terminates with effect from the date of the subsequent commissioning of a relevant engineer by the reservoir manager.

(4) If the Department considers it appropriate to do so, it may by notice served on the reservoir manager require the manager to pay the Department such amount of the costs reasonably incurred by it in pursuance of the exercise of its powers under this section as is specified in the notice.

(5) Subject to section 76, the reservoir manager must pay the amount of any costs so incurred and specified in such notice.