Water and Sewerage Services Act (Northern Ireland) 2016
| Jurisdiction | Northern Ireland |
| Citation | 2016 NI c 7 |
| Year | 2016 |
(1) Article 213 of the 2006 Order (grants by the Department for Regional Development to relevant undertakers) is amended as follows.(2) In paragraph (3) for “the initial period” substitute “ the period ending on 31st March 2017 ” .(3) For paragraph (4) substitute—Schedule1 (which amends Chapter 1 of Part 4 of the 2006 Order so as to align the procedures for making water resources management plans and drought plans, and to permit them to be prepared in a single document) has effect. (1) The Department may by regulations amend the 2006 Order so as to remove or qualify the duty imposed by Article 81 on a water undertaker (to make installation and connection of a water meter etc. a condition of the undertaker's complying with a connection notice) .provide that that duty does not apply in specified circumstances, or applies only in specified circumstances;amend or remove the requirements set out in Article 81(2) ;suspend (whether indefinitely or for a specified period) or repeal Article 81.(3) In subsection (2) “specified” means specified in the regulations.to replace a qualification that has been enacted under that subsection with a less restrictive qualification, orto revive Article 81 (if it has been suspended) .(5) Subsection (4) is without prejudice to the powers conferred by virtue of section 17(1) and (2) of the Interpretation Act (Northern Ireland) 1954 (power from time to time to amend, revoke, etc. or substitute regulations) .(6) Regulations under subsection (1) may make such consequential, supplementary, transitional or transitory provision as the Department considers appropriate.the Department of the Environment;district councils;the Northern Ireland Authority for Utility Regulation;any water undertaker (within the meaning of the 2006 Order) ;the General Consumer Council for Northern Ireland;such other persons as the Department thinks appropriate.(8) Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.(1) The 2006 Order is amended as follows.(2) After Article 2(3) (interpretation of references to pipes and waste water treatment works) , insert—“ , sustainable drainage system ” ;after “the lateral drain” insert “ or the system ” .(5) In Article 161(6) (terms which may be included in agreement to adopt) omit the “and” at the end of sub-paragraph (a) and after sub-paragraph (b) insert“ either of the following grounds is satisfied. ” .(3) After that paragraph insert—“ and Article 163A ” .(3) After Article 163 insert—
- “(4A) The Department may by order amend paragraph (3) by substituting, for the date which is for the time being mentioned in it, such other date as the Department considers appropriate.
- (4B) An order must not be made under paragraph (4A) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
- (3A) In this Order “sustainable drainage system” means any structure or part of a structure that is designed to receive surface water from premises and—
- (a) to discharge that water at a rate which is (whether in all circumstances or only in some circumstances) less than the rate at which the water enters the structure, or
- (b) to reduce the volume of surface water entering public sewers or watercourses.
- (ba) any sustainable drainage system which is so situated or which serves the whole or any part of that area; or
- (iia) any sustainable drainage system; or
- ; and
- (c) an agreement relating to a sewer or drain may include terms requiring the other party to construct one or more sustainable drainage systems designed to receive surface water from any premises served by that sewer or drain.
- (6A) In paragraph (6) (c) “the other party” means the person with whom the sewerage undertaker is to make the agreement.
- “(5A) The first ground is that the mode of construction or condition of the drain or sewer, or of any associated sustainable drainage system—
- (a) does not satisfy the standards reasonably required by the undertaker; or
- (b) is such that the making of the communication would be prejudicial to the undertaker's sewerage system.
- (1) This Article applies to a person's entitlement under Article 163(1) to have a sewer communicate with a public sewer.
- (2) The person may exercise that entitlement only if an agreement complying with Conditions 1, 2 and 3 was entered into under Article 161 in respect of the sewer.
- (3) Condition 1 is that the agreement included provision about the standards according to which the following were to be constructed—
- (a) the sewer in question,
- (b) any drain which communicates or is intended to communicate, whether directly or indirectly, with that sewer and was constructed at the same time as it,
- (c) any associated sustainable drainage...
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