The Water and Sewerage Services (Northern Ireland) Order 2006

Consultation N.I.

132.—(1) Before taking any step mentioned in paragraph (2), DHSSPS shall—

(a) consult and ascertain opinion in accordance with regulations made by DHSSPS;

(b) comply with the requirements set out in regulations made by DHSSPS.

(2) The steps are—

(a) requesting a water undertaker to enter into arrangements under Article 126(1);

(b) requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;

(c) laying before the Assembly an order under Article 129(6) terminating any such arrangements;

(d) maintaining any such arrangements in prescribed circumstances.

(3) Regulations—

(a) under sub-paragraph (a) of paragraph (1) shall include provision about the process which DHSSPS is to follow for the purposes of that sub-paragraph;

(b) under sub-paragraph (b) of that paragraph shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in paragraph (2) may be taken.

(4) Paragraph (1) shall not apply in relation to a proposal by DHSSPS to take the step mentioned in paragraph (2)(b) if DHSSPS so directs by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).

Commencement Information

I1 Art. 132 in force 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)