SCHEDULES

SCHEDULE 3MINOR AND CONSEQUENTIAL AMENDMENTS

Section 119(1).

The Water and Sewerage Services (Northern Ireland) Order 2006 (NI 21)

1

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

2

In Article 293 (procedure of the Water Appeals Commission)—

a

in paragraph (6), for “(9) or (10)” substitute “ (9), (10) or (10A) ”,

b

after paragraph (10), insert—

10A

This paragraph applies to a decision by the Appeals Commissionon an appeal falling within any of the following sub-paragraphs—

a

an appeal (under section 21 of the Reservoirs Act (Northern Ireland) 2015) against a decision in a review of a reservoir designation of a controlled reservoir,

b

an appeal (made by virtue of regulations made under section 27(1) of that Act) against a decision as to whether a high-consequence or medium-consequence reservoir is of an acceptable standard as regards how it is being maintained: frequency of visits by supervising engineer,

c

an appeal (made by virtue of regulations made under section 57(1) of that Act) against a decision as to recovery of costs in relation to a flood plan,

d

an appeal (under section 76 of that Act) against a decision as to recovery of costs under section 69, 71, 73 or 75 of that Act,

e

an appeal (made by virtue of regulations under section 77(1) of that Act) against any of the following—

i

a decision to serve a stop notice,

ii

a decision not to give a completion certificate,

iii

a decision not to award compensation or as to the amount of compensation,

iv

a decision as to recovery of costs in relation to the serving of the stop notice,

f

an appeal (made by virtue of regulations under section 81(1) of that Act) against any of the following—

i

a decision in a review of refusal to give certification that an enforcement undertaking has been complied with,

ii

a decision as to recovery of costs in relation to the acceptance of the undertaking,

g

an appeal (made by virtue of regulations under section 83(1) of that Act) against a decision to impose a fixed monetary penalty,

h

an appeal (made by virtue of regulations under section 86(1) of that Act) against any of the following—

i

a decision to impose a variable monetary penalty,

ii

a decision as to recovery of costs in relation to the imposition of the penalty,

i

an appeal (made by virtue of regulations under that section) against a notice imposing a non-compliance penalty for failure to comply with an undertaking referred to in section 87(5) of that Act.

3

Article 297 (regulations by the Department for Regional Development as to safety of reservoirs) is omitted.

4

In Article 300 (regulations), in paragraph (1)(b), the words “or 297” are omitted.