The Water and Sewerage Services (Northern Ireland) Order 2006

Requirement that proposed drain [F1 , sewer or sustainable drainage system] be constructed so as to form part of general system N.I.

169.—(1) Where—

(a) a person proposes to construct a drain [F2 , sewer or sustainable drainage system] ; and

(b) a sewerage undertaker considers that the proposed drain [F3 , sewer or system] is, or is likely to be, needed to form part of a general sewerage system which that undertaker provides or proposes to provide,

the undertaker may require that person to construct the drain [F4 , sewer or system] in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise, from the manner in which that person proposes, or could otherwise be required by the undertaker, to construct it.

(2) If any person on whom requirements are imposed under this Article by a sewerage undertaker is aggrieved by the requirements, he may within 28 days appeal to the Authority.

(3) On an appeal under paragraph (2) with respect to any requirements, the Authority may either disallow the requirements or allow them with or without modification.

(4) It shall be the duty of a person on whom requirements are imposed by a sewerage undertaker under this Article to comply with those requirements.

(5) The duty of any person by virtue of paragraph (4) to comply with the requirements of a sewerage undertaker shall be owed to the undertaker; and any breach of that duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.

(6) A sewerage undertaker which exercises the powers conferred on it by this Article shall—

(a) repay to the person constructing the drain [F5 , sewer or system] the extra expenses reasonably incurred by that person in complying with the undertaker's requirements; and

(b) until the drain or sewer becomes a public sewer, [F6 , or the system is vested in the undertaker by virtue of a declaration under Article 159,] from time to time repay to that person so much of any expenses reasonably incurred by him in repairing or maintaining the drain [F7 , sewer or system] as may be attributable to the undertaker's requirements having been imposed and complied with.

(7) Nothing in this Article shall apply in relation to so much of any drain [F8 , sewer or sustainable drainage system] as is proposed to be constructed by any railway undertaking or harbour authority in or on land which—

(a) belongs to that undertaking or authority; and

(b) is held or used by it for the purposes of its undertaking.

[F9 (8) A requirement imposed under this Article may not be inconsistent with, or more onerous than, standards agreed in an agreement under Article 161.]

Textual Amendments

F1 Words in art. 169 heading substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(2)

F2 Words in art. 169(1)(a) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(3)(a)

F3 Words in art. 169(1)(b) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(3)(b)

F4 Words in art. 169(1) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(3)(b)

F5 Words in art. 169(6)(a) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(4)

F6 Words in art. 169(6)(b) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(5)(a)

F7 Words in art. 169(6)(b) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(5)(b)

F8 Words in art. 169(7) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 10(6)

F9 Art. 169(8) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), ss. 6(6), 8

Commencement Information

I1 Art. 169 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)