3.—(1) On an application for a compulsory works order, the Department may make the order either in the terms of the draft order submitted to it or, subject to sub-paragraphs (2) and (3), 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 by any water undertaker as it considers is likely adversely to affect any persons unless the Department is satisfied that the undertaker has given and published such additional notices, in such manner, as the Department may have required.
(3) The Department shall not, unless all interested parties consent, make a compulsory works order so as to confer in relation to any land any powers of compulsory acquisition which would not have been conferred in relation to that land if the order were made in the terms of the draft order submitted to it under paragraph 1.
(4) Where, on an application by a water undertaker for a compulsory works order, the Department refuses to make an order, the undertaker shall, as soon as practicable after the refusal, notify the refusal to every person on whom it was, by virtue of paragraph 1(1)(c), required to serve a copy of the notice with respect to the application.
(5) The duty of a water undertaker under sub-paragraph (4) shall be enforceable under Article 30 by the Department.
Commencement Information
I1Sch. 9 para. 3 wholly in operation at 1.4.2007; Sch. 9 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. 9 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)