- Latest available (Revised)
- Original (As made)
The Water and Sewerage Services (Northern Ireland) Order 2006
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes to legislation:
The Water and Sewerage Services (Northern Ireland) Order 2006, Section 162 is up to date with all changes known to be in force on or before 20 April 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
Appeals with respect to adoptionN.I.
This section has no associated Explanatory Memorandum
162.—(1) An owner of any sewer, lateral drain [F1, sustainable drainage system] or waste water treatment works may appeal to the Authority if—
(a)he is aggrieved by the proposal of a sewerage undertaker to make a declaration under Article 159; or
(b)he is aggrieved by the refusal of a sewerage undertaker to make such a declaration.
[F2(2) A person who has entered into or wants to enter into an agreement under Article 161 may appeal to the Authority about any matter concerning the agreement (including whether it is concluded, its terms and its operation).]
(3) The time for the making of an appeal under paragraph (1) by the owner of any sewer, lateral drain [F3, sustainable drainage system] or waste water treatment works shall be—
(a)in the case of an appeal by virtue of sub-paragraph (a) of that paragraph, any time within two months after notice of the proposal is served on that owner; and
(b)in the case of an appeal by virtue of sub-paragraph (b) of that paragraph, any time after receipt of notice of the undertaker's refusal or, if no such notice is given, at any time after the end of two months from the making of the application for the declaration.
(4) On the hearing of an appeal under this Article, the Authority may—
(a)in the case of an appeal under paragraph (1), allow or disallow the proposal of the sewerage undertaker or, as the case may be, make any declaration which the sewerage undertaker might have made; or
(b)in the case of an appeal under paragraph (2)—
(i)uphold the refusal of the undertaker to grant the application or to modify the terms offered; or
(ii)on behalf of the undertaker, refuse the application or enter into any agreement into which the undertaker might have entered on the application;
and any declaration made under sub-paragraph (a) shall have the same effect as if it had been made by the undertaker in question.
(5) Where the Authority makes a declaration under paragraph (4)(a), it may, if it thinks fit—
(a)specify conditions, including conditions as to the payment of compensation by the sewerage undertaker; and
(b)direct that its declaration shall not take effect unless any conditions so specified are accepted.
(6) Where the Authority makes an agreement under paragraph (4)(b) on behalf of a sewerage undertaker, it may do so on such terms as it considers reasonable or, as the case may be, on the terms offered by the undertaker subject to such modifications as the Authority considers appropriate for ensuring that the terms of the agreement are reasonable.
(7) The Authority, in deciding on an appeal under this Article whether any declaration or agreement should be made, shall have regard to all the circumstances of the case and, in particular, to the considerations specified in Article 159(5); and for the purposes of this paragraph, in its application in relation to an appeal under paragraph (2), sub-paragraphs (a) to (e) of Article 159(5) shall have effect with the necessary modifications.
Textual Amendments
F1Words in art. 162(1) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 7
F2Art. 162(2) substituted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), ss. 6(5), 8
F3Words in art. 162(3) inserted (24.5.2016 with application as mentioned in s. 8(1) of the amending Act) by Water and Sewerage Services Act (Northern Ireland) 2016 (c. 7), s. 8, Sch. 2 para. 7
Commencement Information
I1Art. 162 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)
Options/Help
Print Options
PrintThe Whole Order
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
You have chosen to open The Whole Order
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Order as a PDF
The Whole Order you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open The Whole Order without Schedules
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Order without Schedules as a PDF
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Order
The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Order without Schedules
The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.