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The Water and Sewerage Services (Northern Ireland) Order 2006
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The Water and Sewerage Services (Northern Ireland) Order 2006, Section 193 is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 193:
- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
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- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
Restrictions on power to fix charges under Chapter IIIN.I.
This section has no associated Explanatory Memorandum
193.—(1) On any appeal under Article 180 or 184(1) conditions providing for the payment of charges to the sewerage undertaker in question shall not be determined by the Authority except in so far as no provision is in force by virtue of a charges scheme under Article 201 in respect of any such receptions, discharges, removals or disposals of effluent or substances as are of the same description as the reception, discharge, removal or disposal which is the subject matter of the appeal.
(2) In so far as any such conditions as are mentioned in paragraph (1) do fall to be determined by the Authority, they shall be determined having regard to the desirability of that undertaker's—
(a)recovering the expenses of complying with its obligations in consequence of the consent or agreement to which the conditions relate; and
(b)securing a reasonable return on its capital.
(3) To the extent that paragraph (1) excludes any charges from a determination on an appeal those charges shall be fixed from time to time by a charges scheme under Article 201 but not otherwise.
Commencement Information
I1Art. 193 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
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