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This is the original version (as it was originally made).

Fixing maximum charges for services provided with the help of undertakers' services
This section has no associated Explanatory Memorandum

210.—(1) The Authority may from time to time by order fix maximum charges which a person who is not a relevant undertaker may recover from another such person in respect of water supplies or sewerage services provided to that other person with the help of services provided by a relevant undertaker.

(2) For the purposes of this Article water supplies or sewerage services are provided to a person with the help of services provided by a relevant undertaker if—

(a)a facility for that person to have access to a supply of water provided by a water undertaker in pipes, or to make use of sewerage services provided by a sewerage undertaker, is made available to that person otherwise than by the undertaker;

(b)that person is provided with a supply of water in pipes by a person to whom the water is supplied, directly or indirectly, by a water undertaker; or

(c)that person is provided with sewerage services by a person who, for the purpose of providing those services, makes use of sewerage services provided, directly or indirectly, by a sewerage undertaker.

(3) An order under this Article may require the person providing the supplies or services to furnish the person who is provided with them with such information as may be specified or described in the order.

(4) An order containing such a requirement may also provide that, in the event of the failure of the person providing the supplies or services to furnish that information, the maximum charges he is entitled to recover from the person provided with them in respect of those supplies or services shall be such as may be fixed by the order.

(5) It shall be the duty of the Authority to publish any order under this Article in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.

(6) An order under this Article may fix a maximum charge either by specifying the maximum amount of the charge or by specifying a method of calculating that amount.

(7) Where a person pays a charge in respect of anything to which an order under this Article relates and the amount paid exceeds the maximum charge fixed by the order—

(a)the amount of the excess; and

(b)if the order so provides, interest on that amount at a rate specified or described in the order,

shall be recoverable by that person from the person to whom he paid the charge.

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