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Article 171 Power to investigate defective drain , sewer or sustainable drainage systemF5I1

Northern Ireland

(1)

Where it appears to a sewerage undertaker that there are reasonable grounds for believing—

(a)

that any drain connecting with a public sewer, or any private sewer so connecting, F1or any sustainable drainage system from which water is discharged, whether directly or indirectly, into any such drain or private sewer, is in such a condition as to be injurious or likely to cause injury to health or as to be a nuisance; or

(b)

that any such drain F2, private sewer or system is so defective as to admit subsoil water,

the undertaker may examine the condition of the drain F3, sewer or system and, for that purpose, may apply any test, other than a test by water under pressure and, if the undertaker deems it necessary, open the ground.

(2)

If on examination the drain F4, sewer or system is found to be in proper condition, the undertaker shall, as soon as possible, reinstate any ground which has been opened by it and make good any damage done by the undertaker.

Annotations

Textual amendments

F1

Words in art. 171(1)(a) 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. 11(3)(a)

F2

Words in art. 171(1)(b) 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), s. 8, Sch. 2 para. 11(3)(b)

F3

Words in art. 171(1) 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), s. 8, Sch. 2 para. 11(3)(c)

F4

Words in art. 171(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), s. 8, Sch. 2 para. 11(4)

F5

Words in art. 171 heading 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), s. 8, Sch. 2 para. 11(2)

Commencement

I1

Art. 171 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)