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The Water and Sewerage Services (Northern Ireland) Order 2006, Section 54 is up to date with all changes known to be in force on or before 09 October 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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54.—(1) The Department may make regulations prescribing—
(a)descriptions of information which a body to which a direction is given under Article 52 or 53 may refuse to supply; or
(b)circumstances in which such a body may refuse to comply with a direction given under either of those Articles.
(2) The Council may, if no person is prescribed for the purpose under paragraph (3), refer a failure by a company holding an appointment under Chapter I to comply with a direction under Article 52 to the Authority.
(3) The Department may make regulations for the purpose of enabling a failure to comply with a direction under Article 52 or 53 to be referred by the body which gave the direction to such person (other than the Authority) as may be prescribed by the regulations.
(4) A person to whom such a failure is referred (whether under paragraph (2) or regulations under paragraph (3)) shall—
(a)consider any representations made by either party;
(b)determine whether the person failing to comply with the direction is entitled to refuse to do so, and, if not, order him to comply with the direction; and
(c)give notice of his determination and any order under sub-paragraph (b), with reasons, to both parties.
(5) The duty of a company holding an appointment under Chapter I to comply with an order under this Article shall be enforceable by the Authority under Article 30.
(6) Subject to Article 57, a notice under paragraph (4) may be published by either party to the reference.
Commencement Information
I1Art. 54 wholly in operation at 1.4.2007; art. 54 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. 54 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
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