The Water and Sewerage Services (Northern Ireland) Order 2006 No. 3336 (NI. 21)

PART VIII N.I. UNDERTAKERS' POWERS AND WORKS

CHAPTER III N.I. SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS' POWERS

Vesting of works in undertaker N.I.

Power of certain undertakers to alter public sewers, etc. N.I.

246.—(1) DARD, the Civil Aviation Authority or any harbour authority, railway undertaking or airport operator may, after giving reasonable notice to the sewerage undertaker concerned, at its own expense and on substituting an equivalent, take up, divert or alter the level of any sewers, drains, culverts or other pipes which—

(a) are vested in the undertaker; and

(b) pass under or interfere with, or interfere with the alteration or improvement of, as the case may be—

(i) any watercourse or other works vested in or under the control of DARD for the purposes of its functions under the Drainage Order;

(ii) any property of the Civil Aviation Authority;

(iii) any river or works forming part of the undertaking of the harbour authority;

(iv) the railway of the railway undertaking; or

(v) the airport in question.

(2) In paragraph (1) “an equivalent”, in relation to any sewers, drains, culverts or pipes means other sewers, drains, culverts or pipes which will in the opinion of the sewerage undertaker concerned—

(a) be equally effectual; and

(b) entail no additional expense for the sewerage undertaker.

(3) In this Article “airport operator” means the person who is the airport operator for the purposes of the Airports (Northern Ireland) Order 1994 (NI 1) in relation to an airport to which Article 25 of that Order applies.

Commencement Information

I1 Art. 246 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)