Local Government (Sanitary Services) Act, 1948
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Provisional drainage order. |
12.—(1) Where any separate premises in a sanitary district appear to the sanitary authority of that district not to be drained in a satisfactory manner, the authority may, subject to the provisions of this section, by order require the execution, within a specified period after the coming into force of the order, of any specified drainage works which, in the opinion of the authority, are necessary in order to provide such premises with a satisfactory drainage system. | |
(2) Where two or more separate premises in a sanitary district appear to the sanitary authority of that district not to be drained in a satisfactory manner and the authority are of opinion that such premises can be drained more economically or advantageously in combination rather than separately, the authority may, subject to the provisions of this section, by order require the execution, within a specified period after the coming into force of the order, of any specified drainage works which, in the opinion of the authority, are necessary in order to provide such premises with a satisfactory combined drainage system. | ||
(3) In considering for the purposes of this section whether the drainage of any premises is satisfactory or what drainage works are necessary in order to provide any premises with satisfactory drainage, a sanitary authority shall, in particular, have regard to the character of the area in which the premises are situate, the situation and nature of the sewerage system (if any) in that area and the purposes for which the premises are used. | ||
(4) An order under subsection (2) of this section shall state the separate premises for the drainage of which each portion of the drainage works specified in the order is required. | ||
(5) An order under this section, in lieu of specifying a time for the completion of the whole of the drainage works required thereby, may divide those works into two or more parts or stages and specify a time for the completion of each part or stage. | ||
(6) An order under this section shall specify separately any portion of the drainage works required thereby which is to be executed under section 15 of this Act by the sanitary authority making the order. | ||
(7) An order under this section shall not provide for the drainage of any separate premises by means of an existing drain which is the property of a person not the owner of such premises unless either that person has consented to such provision or he is under an obligation enforceable at law to allow the drainage of such premises by means of such drain. | ||
(8) Copies of an order under this section shall, within seven days after the day on which the order is made, be served on the owner and on the occupier of every premises to which the order relates and on any other person who is the owner or occupier of land on which any drainage works are to be executed under the order. |