Article 51 Admissibility of samples as evidence

Northern Ireland

(1)

The result of any analysis of a sample taken under Article 50 [F1 (other than a sample taken under paragraph (1)( h) of that Article)] shall not be admissible as evidence in any legal proceedings in respect of any sewage, matter or substance discharged from any premises or of any water in, on or under any land unless the person taking the sample—

(a)

takes all reasonable steps to notify to the occupier of the premises or land his intention to have it analysed; and

(b)

there and then divides the sample into three parts and causes each part to be placed in a container which is sealed and marked; and

(c)

takes all reasonable steps to deliver one part to the occupier of the premises or land, retains one part for future comparison, and has one part analysed by a competent person.

(2)

In this Article any reference to an analysis includes a reference to any test of whatever kind.

Annotations

Textual amendments

F1: 1978 NI 19

Notes on the whole Order

Textual amendments

F1: Order repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)