Article 40 Matters to be taken into account in exercising certain functions

Northern Ireland

C1(1)

The Department shall, in exercising its functions under this Part, have regard to—

(a)

the conservation of water resources;

(b)

the prevention of pollution;

(c)

the needs of the community with respect to water and the disposal of effluent;

(d)

the conservation and enhancement of the natural beauty and amenity of waterways and of land associated with waterways;

(e)

the conservation and enhancement of flora and fauna;

F1(ea)

the duties imposed under Parts III to VI of the Water and Sewerage Services (Northern Ireland) Order 2006 on any relevant undertaker (within the meaning of that Order) which is likely to be affected by the exercise of the function in question;

(f)

the conservation of geological or physiographical features of special interest and any feature of archaeological, historical, architectural or traditional interest.

C2(2)

The Department shall, in exercising its functions under any statutory provision relating to drainage, have regard to the matters set out in sub-paragraphs (a) to (f) of paragraph (1).

C3(3)

In Article 11(2)(d) of, and paragraph 5(2) of Schedule 7 to, the Drainage Order for “section 2(2) of the Water Act (Northern Ireland) 1972” there shall be substituted “Article 40(2) of the Water (Northern Ireland) Order 1999”.

Annotations

Textual amendments

F1: Art. 40(1)(ea) inserted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 289 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (with art. 3, Sch. 2)

Modifications

C1: Art. 40(1): transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 3 Pt. 2 (with art. 9(2))
C2: Art. 40(2): transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 2 (with art. 9(2))
C3: Art. 40(3): transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 3 Pt. 2 (with art. 9(2))

Notes on the whole Order

Textual amendments

F1: certain functions transf. by SR 1999/481