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The Water and Sewerage Services (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

Regulations for preventing contamination, waste, etc and with respect to water fittings
This section has no associated Explanatory Memorandum

114.—(1) The Department may by regulations make such provision as it considers appropriate for any of the following purposes, that is to say—

(a)for securing—

(i)that water in a water main or other pipe of a water undertaker is not contaminated; and

(ii)that its quality and suitability for particular purposes is not prejudiced,

by the return of any substance from any premises to that main or pipe;

(b)for securing that water which is in any pipe connected with any such main or other pipe or which has been supplied to any premises by a water undertaker is not contaminated, and that its quality and suitability for particular purposes is not prejudiced, before it is used;

(c)for preventing the waste, undue consumption and misuse of any water at any time after it has left the pipes of a water undertaker for the purpose of being supplied by that undertaker to any premises; and

(d)for securing that water fittings installed and used by persons to whom water is or is to be supplied by a water undertaker are safe and do not cause or contribute to the erroneous measurement of any water or the reverberation of any pipes.

(2) Without prejudice to the generality of paragraph (1), regulations under this Article may, for any of the purposes specified in that paragraph, make provision in relation to such water fittings as may be prescribed—

(a)for forbidding the installation, connection or use of the fittings if they have not been approved under the regulations or if they contravene the regulations;

(b)for requiring the fittings, for the purposes of provision made by virtue of sub-paragraph (a), to be of such a size, nature, strength or workmanship, to be made of such materials or in such a manner or to conform to such standards as may be prescribed by or approved under the regulations;

(c)for imposing such other requirements as may be prescribed with respect to the installation, arrangement, connection, testing, disconnection, alteration and repair of the fittings and with respect to the materials used in their manufacture;

(d)for the giving, refusal and revocation, by prescribed persons, of approvals required for the purposes of the regulations; and

(e)for such approvals to be capable of being made subject to such conditions as may be prescribed and for the modification and revocation of any such condition.

(3) Without prejudice as aforesaid, regulations under this Article may—

(a)impose separate or concurrent duties with respect to the enforcement of the regulations on water undertakers and such other persons as may be prescribed;

(b)confer powers on a water undertaker to carry out works and take other steps, in prescribed circumstances, for remedying any contravention of the regulations;

(c)provide for the recovery by a water undertaker of expenses reasonably incurred by the undertaker in the exercise of any power conferred by virtue of sub-paragraph (b);

(d)repeal or modify the provisions of Article 113 or Article 115;

(e)provide for a contravention of the regulations to constitute a summary offence punishable, on summary conviction, by a fine not exceeding level 5 on the standard scale or such smaller sum as may be prescribed;

(f)require prescribed charges to be paid to persons carrying out functions under the regulations;

(g)enable the Department to authorise such relaxations of and departures from such of the requirements of the regulations as may be prescribed, to make any such authorisation subject to such conditions as may be prescribed and to modify or revoke any such authorisation or condition;

(h)enable the Department to authorise a water undertaker (either instead of the Department or concurrently with it) to exercise any power conferred on the Department by regulations made by virtue of sub-paragraph (g); and

(i)require disputes arising under the regulations to be referred to arbitration and for determinations under the regulations to be subject to such rights of appeal as may be prescribed.

(4) Without prejudice to Articles 124 and 231, any person designated in writing for the purposes of this paragraph in such manner as may be prescribed may—

(a)enter any premises for the purpose of—

(i)ascertaining whether any provision contained in or made or having effect under this Order with respect to any water fittings or with respect to the waste or misuse of water is being or has been contravened;

(ii)determining whether, and if so in what manner, any power or duty conferred or imposed on any person by regulations under this Article should be exercised or performed; or

(iii)exercising any such power or performing any such duty; or

(b)carry out such inspections, measurements and tests on premises entered by that person or on water fittings or other articles found on any such premises, and take away such samples of water or of any land and such water fittings and other articles, as that person has been authorised to carry out or take away in accordance with regulations under this Article.

(5) Part II of Schedule 4 shall apply to the rights and powers conferred by paragraph (4).

(6) Any sums received by the Department in consequence of the provisions of any regulations under this Article shall be paid into the Consolidated Fund.

(7) In this Article “safe” has the same meaning as in Part II of the Consumer Protection Act 1987 (c. 43)

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