SCHEDULES
SCHEDULE 12AMENDMENTS
The Drainage (Northern Ireland) Order 1973 (NI 1)
I110
1
In Article 2(2), in the definition of “the Commission”, for the words from “established” to the end substitute “
for Northern Ireland
”
.
2
In Article 2(2), in the definition of “watercourse”—
a
after “any drain or sewer” insert “
vested in a sewerage undertaker
”
; and
b
for “under the control of the Ministry of Development” substitute “
vested in a water undertaker
”
.
3
After Article 40 insert—
Protection for water and sewerage undertakers40A
1
Nothing in this Order shall confer power on any person, except with the consent of a water or sewerage undertaker, to do anything which, whether directly or indirectly, so interferes or will so interfere—
a
with works or property vested in or under the control of that undertaker; or
b
with the use of any such works or property,
as to affect injuriously those works or that property or the carrying out of the functions of that undertaker.
2
A consent for the purposes of sub-paragraph (1) may be given subject to reasonable conditions but shall not be unreasonably withheld.
3
Any dispute—
a
as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1);
b
as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or
c
as to whether any condition subject to which any such consent has been given was reasonable,
may be referred by either party to the dispute to the Commission.
4
In Schedule 5 in paragraph 12 for “the Ministry of Development” substitute “
a sewerage undertaker
”
.