Clause 27

in subsection (4)(a), replace sub-paragraph (i) with —“(i)a qualified person prescribed in regulations made under section 74 for the purposes of this section;”; and

replace subsections (7) and (8) with —“(7) In issuing a clearance certificate or granting its approval under subsection (5), the Board may impose any conditions that it thinks fit, including —

a condition that only sanitary appliances, pipes and fittings of a type approved by the Board must be used;

the transfer of ownership to the Government, or the transfer of control, supervision or maintenance to the Board, of any drain or sewer constructed or installed under the clearance certificate or approval, and any other structure, appurtenance or apparatus that is constructed or installed in connection with the drain or sewer; and

the provision to the Board, whether by assignment or otherwise —

of any warranty against defects that become apparent within the period specified in the condition, in the drain or sewer; and

of any undertaking to make good any such defects at the costs and expenses of the person providing the warranty.(7A) A condition mentioned in subsection (7) may impose an obligation on or otherwise apply to a person other than the applicant, but the Board must serve a written notice of the condition on the person.(7B) Where a person contravenes a condition mentioned in subsection (7), the Board may —

serve on the person a written notice to take any measures that the Board thinks necessary to comply with the condition or otherwise rectify the contravention; or

without affecting paragraph (a), serve on any of the following persons a written notice directing the person to make good any defects in the drain or sewer that would have been covered by any warranty or undertaking mentioned in subsection (7)(c):

any person who constructed the drain or sewer;

any person who caused the construction of the drain or sewer.(7C) All costs and expenses incurred by a person in complying with a written notice mentioned in subsection (7B) must be borne by the person.(7D) Any person who, without reasonable excuse, fails to comply with a written notice served on the person under subsection (7B) shall be guilty of an offence.(7E) Where a person on whom a written notice mentioned in subsection (7B) has been served fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at any other time that may be agreed with the owner or occupier of the premises at which the drain or sewer is located, enter the premises and execute any works and take any measures needed to secure compliance with the written notice but without affecting any proceedings that may be taken against that person under subsection (7D).(7F) Any expenses reasonably incurred by the Board under subsection (7E) may be recovered from the person who failed to comply with the notice served on the person under subsection (7B), and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.(7G) Nothing in this section prohibits the Board from making good any defects in the drain or sewer that would have been covered by any warranty or undertaking mentioned in subsection (7)(c), at the request of the person on whom the written notice was served, upon the person’s undertaking to pay the Board’s costs and expenses of making good the defects.(7H) Nothing in subsection (7G) imposes on the Board, directly or indirectly, any form of duty or liability enforceable by proceedings before any court to make good the defects mentioned in that subsection.(8) Where any works in respect of which a clearance certificate has been issued under subsection (5), have been carried out, the Board may by written notice —

require the qualified person that made the plans for the works to apply to the Board for a compliance certificate within the period and in the form and manner specified in the notice; and

if the qualified person fails to do so, require the person for whom the works were carried out to apply to the Board for the compliance certificate within the period and in the form and manner specified in the notice.(8A) To avoid doubt, the Board may serve more than one written notice under subsection (8) on the same person, so long as the compliance certificate has not been obtained in accordance with any written notice previously served on any person under that subsection.(8B) Any person who fails to comply with a written notice issued to the person under subsection (8) shall be guilty of an offence.”.