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Reservoirs Act (Northern Ireland) 2015

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This is the original version (as it was originally enacted).

Stop notices: content and procedure

This section has no associated Explanatory Notes

78.—(1) Regulations made under section 77(1) must secure the results in subsection (2) in a case where a stop notice is served.

(2) The results are that—

(a)the stop notice must include information as to the matters specified in subsection (3),

(b)the reservoir manager on whom the notice is served may appeal to the Water Appeals Commission against the decision to serve it,

(c)where, after serving the stop notice, the Department is satisfied that the manager has taken the steps specified in the notice, the Department must give a certificate to that effect (a “completion certificate”),

(d)the stop notice ceases to have effect on the giving of a completion certificate,

(e)the reservoir manager on whom the stop notice is served may at any time apply for a completion certificate,

(f)the Department must make a decision as to whether to give a completion certificate before the end of the period of 14 days beginning with the day on which the application for the certificate is made,

(g)the reservoir manager on whom the stop notice is served may appeal to the Water Appeals Commission against a decision not to give a completion certificate,

(h)a stop notice in respect of which an appeal referred to in paragraph (b) or (g) is made continues to have effect pending a decision being made in the appeal.

(3) The matters referred to in subsection (2)(a) are—

(a)the grounds for serving the stop notice,

(b)rights of appeal,

(c)the consequences of non-compliance with the stop notice.

(4) Provision pursuant to subsection (2)(b) must—

(a)secure that the grounds on which a reservoir manager may appeal against a decision of the Department to serve a stop notice include that—

(i)the decision was based on an error of fact,

(ii)the decision was wrong in law,

(iii)the decision was unreasonable,

(iv)any step specified in the notice is unreasonable,

(b)secure that the Commission may confirm, quash or vary the decision.

(5) Provision pursuant to subsection (2)(g) must—

(a)secure that the grounds on which a reservoir manager may appeal against a decision of the Department not to give a completion certificate include that—

(i)the decision was based on an error of fact,

(ii)the decision was wrong in law,

(iii)the decision was unreasonable,

(b)secure that the Commission may confirm or quash the decision.

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