Drainage (Northern Ireland) Order 1973

PART III N.I. MODIFICATIONS OF THE PROVISIONS APPLIED BY PART II

18.  The provisions of this Order specified in Part II shall, in their application for the purposes of this Schedule, have effect with the following modifications— N.I.

(a) references therein to a watercourse shall be construed as including references to the Loughs and to such portion of the River Erne as is in Northern Ireland;

(b) references therein to this Order shall be construed as references to this Schedule;

(c) references therein to—

(i) a scheme or a drainage scheme carried out under this Order, or any part thereof;

(ii) drainage works;

(iii) drainage purposes or to purposes connected with drainage;

shall respectively be construed as references to—

(A) a scheme or schemes confirmed under this Schedule;

(B) works carried out under any provision contained in this Schedule or any confirmed scheme made thereunder; and

(C) the purposes of any such provision or scheme;

(d) references therein to sea defences and sea defence works shall be omitted;

(e) in Article 7, the words “Without prejudice to the generality of the provisions of Article 6,” shall be omitted;

(f) in Article 17—

(i) for paragraph (1) there shall be substituted the following—

“(1) Where any person—

(a) suffers any permanent loss or damage by reason of—

(i) the entry by the Ministry on any land owned or occupied by him; or

(ii) by the construction of works thereon carried out under any provision of Schedule 7 or any confirmed scheme made thereunder; or

(iii) by direct interference with any land belonging to him; or

(b) satisfies the Ministry that he has suffered, or is likely to suffer, permanent loss or damage by reason of the control or regulation of the water levels of the Loughs and River Erne in accordance with the provisions of the principal agreement referred to in that Schedule;

the Ministry shall, subject to and in accordance with the provisions of that Schedule, pay to him reasonable compensation in respect of such loss or damage.” ; and

(ii) the word “forthwith” in paragraph (4) shall be omitted, and after the word “Ministry”, where it occurs for the first time in that paragraph, there shall be inserted the words “ within three years from the date of completion of the work from which, or from the operation of which, the claim arises ”;

(g) in Article 18(1), the words “or to any water power or other water right” shall be omitted;

(h) in Schedule 2, paragraph 3 shall be omitted.