Article 105
1.—(1) Where the Authority or a water undertaker applies to the Department for an order under Article 105(5), the applicant shall—N.I.
(a)submit to the Department a draft of the order applied for;
(b)publish a notice with respect to the application, at least once in each of two successive weeks, in at least two newspapers circulating in the locality which would be affected by the provision proposed to be made by the order;
(c)not later than the date on which that notice is first published serve a copy of the notice on every affected district council and every affected water undertaker; and
(d)publish a notice in the Belfast Gazette which—
(i)states that the draft order has been submitted to the Department;
(ii)names every district council on which a notice is required to be served under this paragraph;
(iii)specifies a place where a copy of the draft order and of any relevant map or plan may be inspected; and
(iv)gives the name of every newspaper in which the notice required by virtue of head (b) was published and the date of an issue containing the notice.
(2) The notice required by virtue of sub-paragraph (1)(b) to be published with respect to an application for an order shall—
(a)state the general effect of the order applied for;
(b)specify a place where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable times during the period of 28 days beginning with the date of the first publication of the notice; and
(c)state that any person may, within that period, by notice to the Department object to the making of the order.
(3) For the purposes of sub-paragraph (1)(c) a district council or a water undertaker which is not the applicant is affected by an application for an order if its district or area includes the whole or any part of the locality which would be affected by the provision proposed to be made by the order.
Commencement Information
I1Sch. 3 para. 1 wholly in operation at 1.4.2007; Sch. 3 para. 1 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); Sch. 3 para. 1 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
2. The applicant for an order under Article 105(5) shall, at the request of any person and on payment by that person of such charge (if any) as the applicant may reasonably require, provide that person with a copy of the draft order submitted to the Department under paragraph 1.N.I.
Commencement Information
I2Sch. 3 para. 2 wholly in operation at 1.4.2007; Sch. 3 para. 2 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); Sch. 3 para. 2 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
3.—(1) On an application for an order under Article 105(5), the Department may make the order either in the terms of the draft order submitted to it or, subject to sub-paragraph (2), in those terms as modified in such manner as it thinks fit, or may refuse to make an order.N.I.
(2) The Department shall not make such a modification of a draft order submitted to it as it considers is likely adversely to affect any persons unless the Department is satisfied that the applicant for the order has given and published such additional notices, in such manner, as the Department may have required.
Commencement Information
I3Sch. 3 para. 3 wholly in operation at 1.4.2007; Sch. 3 para. 3 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); Sch. 3 para. 3 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
4. Where an application for an order to which this Schedule applies has been made, the Department may, if it considers it appropriate to do so, cause a local inquiry to be held before making any order on the application.N.I.
Commencement Information
I4Sch. 3 para. 4 wholly in operation at 1.4.2007; Sch. 3 para. 4 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); Sch. 3 para. 4 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)