The Water and Sewerage Services (Northern Ireland) Order 2006

Works under drought orders N.I.

141.—(1) A drought order may authorise a water undertaker, subject to any conditions and restrictions specified in the order, to carry out any works required for the performance of any duty or the exercise of any power which is imposed or conferred by or under the order.

(2) A drought order authorising a water undertaker to carry out any works—

(a) may authorise that undertaker for that purpose to enter any land specified in the order and to occupy and use the land to such extent and in such manner as may be necessary for the carrying out and maintenance of the works; and

(b) may apply in relation to the carrying out of the works such of the provisions of Part VIII as appear to the Department to be appropriate, subject to such modifications as may be specified in the order.

(3) The Department shall include in any drought order authorising a water undertaker to enter any land provisions requiring that undertaker to give to the occupier of the land and to such other persons concerned with the land as may be specified in the order not less than 24 hours' notice of any intended entry.

(4) Subject to paragraph (3), a drought order may make any such provision in relation to provisions of the order authorising any person to enter any land as corresponds to provision contained in Part II of Schedule 4.

(5) Any works to be carried out under the authority of a drought order shall be included in the definition of emergency works in Article 6 of the Street Works (Northern Ireland) Order 1995 (NI 19).

Commencement Information

I1 Art. 141 wholly in operation at 1.4.2007; art. 141 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); art. 141 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)