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Water and Sewerage Services (Northern Ireland) Order 1973 (REPEALED)
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Changes over time for: PART VI
Version Superseded: 01/07/2006
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There are currently no known outstanding effects for the Water and Sewerage Services (Northern Ireland) Order 1973 (REPEALED), PART VI.
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PART VIN.I.MISCELLANEOUS (WATER)
Pollution of water belonging to the MinistryN.I.
34 .F1—(1) If any person commits an act whereby any water belonging to the Ministry or which the Ministry is authorised to take, is polluted, he shall be guilty of an offence.
(2) Where a person is charged with an offence under this Article, it shall be a defence to prove that he exercised all reasonable care to prevent the act whereby the water in question was polluted.
(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding[F2 level 5 on the standard scale] and to a further fine not exceeding £40 for every day during which the offence is continued after conviction or, on conviction on indictment, to a fine.
Water for fire fightingN.I.
35 .F3—(1) The Ministry may enter into an agreement with the Fire Authority for Northern Ireland for the provision of adequate facilities for making water available for the purpose of fighting fires.
(2) The Ministry shall not make a charge for any water made available by it to any person for the purpose of fighting fires.
F3functions transf. by SR 1999/481
Water shortagesN.I.
36 .F4—(1) Where the Ministry is satisfied that a serious deficiency of supplies of water in any area exists or is threatened, it may, subject to this Article, make an order—
(a)enabling water to be taken from any specified source for a period not exceeding six months;
(b)suspending or modifying for a period not exceeding six months—
(i)any restriction governing the taking of water from any source;
(ii)any obligation governing the discharge of compensation water;
F5[(c)providing for the conveyance of water by any means specified in the order;
(d)prohibiting or restricting the use of water for any purpose;
(e)prohibiting or restricting the means by which water is used for any purpose].
F6[(1A) An order under paragraph (1)( c) may provide that Article 13(2) and (3) shall not apply to any works carried out for the purposes of the order.]
(2) Any person who suffers loss or damage as a result of an order made under paragraph (1)( a) or ( b) shall be entitled to compensation from the Ministry.
(3) Any dispute as to the amount of compensation under paragraph (2) shall be referred to and determined by the Lands Tribunal.
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