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The Water Supply (Water Fittings) Regulations (Northern Ireland) 2009
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- Northern Ireland Statutory Rules
- 2009 No. 255
- PART III
- Regulation 10
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Relaxation of requirementsN.I.
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10.—(1) Where a water undertaker considers that any requirement of Schedule 2 to these Regulations would be inappropriate in relation to a particular case, the undertaker may apply to the Department to authorise a relaxation of that requirement.
(2) The Department shall not grant any authorisation applied for unless—
(a)the water undertaker has made to the Department a written application;
(b)the Department is satisfied that a copy of the application has been served by the water undertaker on any persons or bodies likely to be affected by the relaxation; and
(c)the Department is satisfied that the authorisation does not constitute a potential danger to human health.
(3) The water undertaker shall provide with its application a statement—
(a)of the grounds on which the authorisation is sought; and
(b)of the requirements of Schedule 2 which are considered inappropriate.
(4) The Department may grant the authorisation applied for with such modifications as it sees fit.
(5) Any authorisation granted shall specify—
(a)the grounds on which it is granted; and
(b)the extent to which a departure from the requirements of Schedule 2 is authorised.
(6) The Department shall not grant an authorisation before the expiration of one month from the giving of the notice, and shall take into consideration any objection which may have been received by it.
(7) A water undertaker to whom an authorisation is granted in a particular case may relax the requirements of Schedule 2 in that case in accordance with the terms of that authorisation.
(8) The Department may at any time modify or revoke an authorisation granted.
(a)The Department shall not revoke or modify an authorisation without giving at least one months notice of its intention to do so to the water undertaker unless it appears to it that immediate revocation or modification is required in the interests of public health.
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