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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 34 is up to date with all changes known to be in force on or before 12 November 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.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 23(6) inserted by 2024 c. 13 Sch. 30 para. 41(4)
- art. 27(11) inserted by 2024 c. 13 Sch. 30 para. 42(4)
- art. 29(11) inserted by 2024 c. 13 Sch. 29 para. 4
- art. 265(5)(u) inserted by 2024 c. 13 Sch. 30 para. 43(b)
- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
Effect of enforcement orderN.I.
This section has no associated Explanatory Memorandum
34.—(1) The obligation to comply with an enforcement order shall be a duty owed to any person who may be affected by a contravention of the order.
(2) Where a duty is owed under paragraph (1) to any person, any breach of the duty which causes that person to sustain loss or damage shall be actionable at the suit of that person.
(3) In any proceedings brought against a company in pursuance of paragraph (2), other than proceedings in respect of so much of a contravention of any order as consists in a breach of the duty imposed by virtue of Article 108(1)(a), it shall be a defence for the company to prove that it took all reasonable steps and exercised all due diligence to avoid contravening the order.
(4) Without prejudice to any right which any person may have by virtue of paragraph (1) to bring civil proceedings in respect of any contravention or apprehended contravention of an enforcement order, compliance with any such order shall be enforceable by civil proceedings for an injunction or for any other appropriate relief at the suit of the body which is the relevant enforcement authority in relation to the condition or requirement compliance with which was to be secured by the order.
Commencement Information
I1Art. 34 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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