Drainage (Northern Ireland) Order 1973

6.  When a notice under paragraph 4 has been served on a person, the following provisions shall have effect— N.I.

(a) that person (in this paragraph referred to as “the objector”) may, within twenty-one days after the service of the notice on him, send to the Ministry an objection in writing to the notice;

(b) every objection shall contain a full statement of the grounds on which the objection is based;

(c) the Ministry shall consider every such objection, and shall either—

(i) notify the objector that the Ministry has withdrawn the notice; or

(ii) serve upon him a further notice—

(A) setting out the grounds for the rejection, in whole or in part, of the objection;

(B) requiring him to carry out the works specified therein (being either the works required by the notice under paragraph 4 or such variation of those works as the Ministry considers fit, having regard to the objection) within such time as may be specified in the notice; and

(C) stating his right of appeal under sub-paragraph ( d);

(d) if an objector on whom a notice has been served under sub-paragraph ( c)(ii) gives to the Ministry, within twenty-one days of that service, a written statement of his intention to appeal and specifies in that statement the ground on which the appeal is to be brought, the objector may appeal to the county court F1 ..., on any ground specified in the objection mentioned in sub-paragraph ( a), and the court, on the hearing of the appeal, may confirm or annul the notice, or vary any requirement thereof.

F1 Words in Sch. 5 para. 6(d) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 68 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)