§ Captain Orrasked the Secretary of State for Northern Ireland what changes have been made in the draft Water and Sewerage Services Order since it was first published, and at whose instigation.
§ Mr. van StraubenzeeThe proposal to make a draft order was published in July and a number of changes were made before the draft order was laid on 21st November. Most of the changes were of a minor or drafting nature, but a number were significant:
- 1. The operative date for the commencement of the order was changed from 1st April 1973 to 1st October 1973 to take account of the Government's decision to postpone local government elections in Northern Ireland.
- 2. Article 5 was substantially revised to underline the Ministry of Development's
56 obligation to consult closely with district councils. - 3. Article 13 was revised, first, to increase from seven to 28 days the period of notice to be given when the Ministry wishes to acquire way-leaves and, secondly, to require the Ministry to consider objections to a notice.
- 4. Article 19 was rewritten to provide a right of appeal for a developer where he is unable to reach agreement with the Ministry about the provision of water and sewerage services to new development.
- 5. Article 34 was amended to make it a defence to prove that all reasonable care had been taken to prevent pollution: a similar amendment was also made in Article 3.
- 6. Article 56 was amended to enable moneys to be issued from the Consolidated Fund for the purposes of capital expenditure under the order.
- 7. Amendments were made throughout the draft order to include a specific reference to charges in every case where the Ministry in imposing conditions might levy a charge.
These changes were made either at the instigation of the Ministry of Development or as a result of comments made by the Northern Ireland Commission, the Northern Ireland Section of the Confederation of British Industry, the Northern Ireland Branch of the Institute of Water Pollution Control, the Central Council of the Irish Linen Industry Limited and the Northern Ireland Section of the Institution of Water Engineers.