Article 132 ConsultationI1

(1)

Before taking any step mentioned in paragraph (2), DHSSPS shall—

(a)

consult and ascertain opinion in accordance with regulations made by DHSSPS;

(b)

comply with the requirements set out in regulations made by DHSSPS.

(2)

The steps are—

(a)

requesting a water undertaker to enter into arrangements under Article 126(1);

(b)

requesting a water undertaker to vary any such arrangements in, or except in, prescribed circumstances or cases;

(c)

laying before the Assembly an order under Article 129(6) terminating any such arrangements;

(d)

maintaining any such arrangements in prescribed circumstances.

(3)

Regulations—

(a)

under sub-paragraph (a) of paragraph (1) shall include provision about the process which DHSSPS is to follow for the purposes of that sub-paragraph;

(b)

under sub-paragraph (b) of that paragraph shall include provision about the requirements which must be satisfied (with respect to the outcome of that process or otherwise) before a step mentioned in paragraph (2) may be taken.

(4)

Paragraph (1) shall not apply in relation to a proposal by DHSSPS to take the step mentioned in paragraph (2)(b) if DHSSPS so directs by an instrument in writing (and such a direction may apply either generally or in relation to a particular proposal).

Annotations

Commencement

I1: Art. 132 in force 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)