The Water and Sewerage Services (Northern Ireland) Order 2006

Adoption under Article 159: supplementary N.I.

160.—(1) Where a sewerage undertaker is about to take into consideration the question of making a declaration under Article 159 with respect to—

(a) any sewer which is situated within the area of another sewerage undertaker or which, though situated within its own area, serves the whole or any part of the area of another sewerage undertaker;

(b) any lateral drain which is situated within the area of another sewerage undertaker or which, though situated within its own area, communicates or is to communicate with a public sewer which is situated within or serves the whole or any part of the area of another sewerage undertaker;F1 ...

[F2 (ba) any sustainable drainage system which is situated within the area of another sewerage undertaker or which, though situated in its own area, serves the whole or any part of the area of another sewerage undertaker; or]

(c) any waste water treatment works which are situated within the area of another sewerage undertaker or which, though situated within its own area, serve the whole or any part of the area of another sewerage undertaker,

it shall give notice to the other undertaker.

(2) Where a sewerage undertaker is required to give notice under paragraph (1) to another undertaker, no declaration under Article 159 shall be made by the former undertaker until either—

(a) the other undertaker has consented to the declaration; or

(b) the Department, on an application made to it, has dispensed with the necessity for such consent, either unconditionally or subject to such conditions as it may consider fit to impose.

(3) Where—

(a) a sewer (or part of a sewer) [F3 , a lateral drain or a sustainable drainage system] is vested, or any waste water treatment works are vested, in a relevant body; and

(b) in the case of a sewer, part of a sewer, lateral drain [F4 , sustainable drainage system] or works vested in a railway undertaking or harbour authority, the sewer, part [F5 , lateral drain or system] in question is, or the works are, situated in or on land belonging to that operator or authority and held or used by that operator or authority for the purposes of its undertaking,

a sewerage undertaker shall not make a declaration under Article 159 with respect to (as the case may be) the sewer, or part of it, or the lateral drain [F6 or the system] or the works, except on the application of the relevant body concerned.

(4) Where a sewerage undertaker makes a declaration under Article 159 with respect to—

(a) a sewer [F7 , lateral drain or sustainable drainage system] which is situated within the area of another sewerage undertaker; or

(b) any waste water treatment works which are so situated,

it shall forthwith give notice of the fact to that other undertaker.

(5) In this Article “relevant body” means any sewerage undertaker, district council, railway undertaking or harbour authority.

Textual Amendments

F1 Word in art. 160(1)(b) omitted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by virtue of Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(2)

F2 Art. 160(1)(ba) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(2)

F3 Words in art. 160(3)(a) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(3)(a)

F4 Words in art. 160(3)(b) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(3)(b)

F5 Words in art. 160(3)(b) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(3)(c)

F6 Words in art. 160(3) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(3)(d)

F7 Words in art. 160(4)(a) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 5(4)

Commencement Information

I1 Art. 160 partly in operation; art. 160 not in operation at date of making see art. 1(2); art. 160 in operation (except art. 160(1)(2)(4)) at 1.4.2007 by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)