171.—(1) Where it appears to a sewerage undertaker that there are reasonable grounds for believing—
(a)that any drain connecting with a public sewer, or any private sewer so connecting, [F2or any sustainable drainage system from which water is discharged, whether directly or indirectly, into any such drain or private sewer,] is in such a condition as to be injurious or likely to cause injury to health or as to be a nuisance; or
(b)that any such drain [F3, private sewer or system] is so defective as to admit subsoil water,
the undertaker may examine the condition of the drain [F4, sewer or system] and, for that purpose, may apply any test, other than a test by water under pressure and, if the undertaker deems it necessary, open the ground.
(2) If on examination the drain [F5, sewer or system] is found to be in proper condition, the undertaker shall, as soon as possible, reinstate any ground which has been opened by it and make good any damage done by the undertaker.
Textual Amendments
F1Words in art. 171 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. 11(2)
F2Words in art. 171(1)(a) 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. 11(3)(a)
F3Words in art. 171(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. 11(3)(b)
F4Words in art. 171(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. 11(3)(c)
F5Words in art. 171(2) 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. 11(4)
Commencement Information
I1Art. 171 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)