The Water and Sewerage Services (Northern Ireland) Order 2006

Regulations N.I.

300.—(1) Regulations under this Order—

(a) shall (except where express provision is otherwise made) be made by the Department; and

(b) shall be subject (except in the case of regulations under Article 15(1) or (2) or 297) to negative resolution.

(2) Regulations under this Order may include—

(a) provision for any duty or other requirement imposed by the regulations on a water undertaker or sewerage undertaker to be enforceable under Article 30 by the Department [F1 or by DOE or by the Authority, or by any] of those bodies;

(b) provision for enforcement of any such duty or requirement by the Authority to be subject to such consent or authorisation as may be prescribed;

(c) provision which, in relation to the furnishing of any information or the making of any application under the regulations, makes provision corresponding to Article 267;

(d) provision for anything that may be prescribed by the regulations to be determined under the regulations and for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters, and to the opinion of such persons, as may be prescribed;

(e) provision for the determination of questions of fact or of law which may arise in giving effect to the regulations and for regulating (otherwise than in relation to any court proceedings) any matters relating to the practice and procedure to be followed in connection with the determination of such questions, including provision—

(i) as to the mode of proof of any matter;

(ii) as to parties and their representation;

(iii) for the right to appear before and be heard by the Department, [F2 DOE,] the Authority and other authorities;

(iv) as to awarding costs of proceedings for the determination of any such questions, including the amount of the costs and the enforcement of the awards; and

(f) supplemental, incidental, consequential and transitional provision.

(3) Any regulations under this Order which prescribe a period within which things are to be done may provide for extending the period so prescribed.

Textual Amendments

F1 Words in art. 300(2)(a) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 19(10), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(1) (as inserted by 2016 c. 13 (N.I.), s. 23))

F2 Word in art. 300(2)(e)(iii) inserted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 19(11), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(1) (as inserted by 2016 c. 13 (N.I.), s. 23))