Article 174 Interpretation of Chapter III1

Northern Ireland

(1)

In this Chapter “domestic sewerage purposes”, in relation to any premises, means any one or more of the following purposes, that is to say—

(a)

the removal, from buildings on the premises and from land occupied with and appurtenant to the buildings, of the contents of lavatories;

(b)

the removal, from such buildings and from such land, of water which has been used for cooking or washing; and

(c)

the removal, from such buildings and such land, of surface water;

but does not, by virtue of sub-paragraph (b), include the removal of any water used for the business of a laundry or for a business of preparing food or drink for consumption otherwise than on the premises.

(2)

References in this Chapter to the construction of a sewer F1, of a sustainable drainage system or of any waste water treatment works include references to the extension of any existing sewer F2, system or works.

(3)

Every application made or consent given under this Chapter shall be made or given in writing.

(4)

Nothing in Articles 159 to 166 or in Articles 168 to 173 shall be construed as authorising a sewerage undertaker to construct or use any public or other sewer, or any drain or outfall F3, or any sustainable drainage system —

(a)

in contravention of any applicable provision of the Water Order; or

(b)

for the purpose of conveying foul water into any natural or artificial watercourse, pond or lake, without the water having been so treated as not to affect prejudicially the purity and quality of the water in that watercourse, pond or lake.

(5)

A sewerage undertaker shall so carry out its functions under Articles 159 to 162, 169, 172 and 173 as not to create a nuisance.

Annotations

Textual amendments

F1: Words in art. 174(2) 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. 12(2)(a)
F2: Word in art. 174(2) 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. 12(2)(b)
F3: Words in art. 174(4) 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. 12(3)

Commencement

I1: Art. 174 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)