- Latest available (Revised)
- Original (As made)
The Water and Sewerage Services (Northern Ireland) Order 2006, Section 290 is up to date with all changes known to be in force on or before 07 September 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
290.—(1) Schedule 1 to the Water Order (discharge consents) is amended as follows.
(2) After paragraph 1 insert—
1A.—(1) Subject to sub-paragraph (2), the Department shall give notice of any application under paragraph 1, together with a copy of the application, to the persons who are prescribed to be consulted under this paragraph and shall do so within the specified period for notification.
(2) The Department may by regulations exempt any class of application from the requirements of this paragraph or exclude any class of information contained in applications from those requirements, in all cases or as respects specified classes only of persons to be consulted.
(3) Any representations made by the persons so consulted within the period allowed shall be considered by the Department in determining the application.
(4) For the purposes of sub-paragraph (1)—
(a)persons are prescribed to be consulted on any description of application if they are persons specified for the purposes of applications of that description in regulations made by the Department; and
(b)the “specified period for notification” is the period specified in the regulations.
(5) Any representations made by any other persons within the period allowed shall also be considered by the Department in determining the application.
(6) Subject to sub-paragraph (7), the period allowed for making representations is—
(a)in the case of persons prescribed to be consulted, the period of 6 weeks beginning with the date on which notice of the application was given under sub-paragraph (1), and
(b)in the case of other persons, the period of 6 weeks beginning with the date on which the making of the application was advertised in pursuance of paragraph 1(1)(b).
(7) The Department may, by regulations, substitute for any period for the time being specified in sub-paragraph (6)(a) or (b), such other period as it considers appropriate.”.
(3) In paragraph 2(1)(b) at the end add “ or paragraph 1A ”.
(4) In paragraph 4(1)(a) for “Article 9” substitute “ Article 7(2) ”.
(5) In paragraph 8 omit—
(a)in sub-paragraphs (2) and (3), the words “, subject to sub-paragraph (4),”; and
(b)sub-paragraph (4).
(6) In paragraph 8 for sub-paragraph (6) substitute—
“(6) Where a discharge consent given under paragraph 2 or 4 is to be transferred under sub-paragraph (1)—
(a)the person from whom and the person to whom the consent is to be transferred shall give joint notice to the Department of the proposed transfer;
(b)the notice may specify the date on which it is proposed that the transfer should take effect;
(c)within 21 days beginning with the date of receipt of the notice duly given in accordance with head (a), the Department shall—
(i)arrange to amend the consent by substituting the name of the transferee as holder of the consent; and
(ii)serve notice on the transferor and the transferee that the amendment has been made; and
(d)the transfer shall take effect from the later of—
(i)the date on which the Department amends the consent; and
(ii)the date (if any) specified in the joint notice under paragraph (a).
(6A) A joint notice under sub-paragraph (6)(a) shall include such information as may be prescribed.
(6B) If the person from whom the consent is to be transferred is a person in whom the consent has vested by virtue of sub-paragraph (2) or (3), a joint notice given under sub-paragraph (6)(a) shall be of no effect unless the notice required by sub-paragraph (7) has been given.
(6C) A notice or other instrument given by or on behalf of the Department pursuant to sub-paragraph (6) shall not constitute an instrument signifying the consent of the Department for the purposes of paragraph 6.”.
(7) In paragraph 8(9), omit the words “(6) or”.
Commencement Information
I1Art. 290 wholly in operation at 25.5.2007; art. 290 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. 290 in operation for certain purposes at 1.4.2007 by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2); art. 290 in operation at 25.5.2007 insofar as not already in operation by S.R. 2007/282, art. 2(2), Sch.
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: