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The Water and Sewerage Services (Northern Ireland) Order 2006

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II REGULATORY AUTHORITIES AND GENERAL DUTIES

    1. The Northern Ireland Authority for Utility Regulation

      1. 3.The Authority

      2. 4.Forward work programme of the Authority

      3. 5.Annual report of the Authority

    2. General duties

      1. 6.General duties with respect to water industry

      2. 7.Guidance on social and environmental matters

      3. 8.General environmental and recreational duties

      4. 9.Environmental duties with respect to areas of special interest

      5. 10.Codes of practice with respect to environmental and recreational duties

      6. 11.Co-operation between water regulators

      7. 12.General duties with respect to the water industry

  4. PART III APPOINTMENT AND REGULATION OF UNDERTAKERS

    1. CHAPTER I APPOINTMENTS

      1. Making of appointments

        1. 13.Appointment of relevant undertakers

        2. 14.Continuity of appointments, replacement appointments, etc.

        3. 15.Procedure with respect to appointments and variations

        4. 16.Duties affecting making of appointments and variations

        5. 17.Transitional provision with respect to replacement appointments

      2. Conditions of appointment

        1. 18.Power to impose conditions

        2. 19.Determinations under conditions of appointment

      3. Modification of appointment conditions

        1. 20.Modification by agreement

        2. 21.Modification references to Competition Commission

        3. 22.References under Article 21: time limits

        4. 23.References under Article 21: powers of investigation

        5. 24.Reports on modification references

        6. 25.Modifications following report

        7. 26.Commission’s power of veto following report

        8. 27.Commission’s power of veto following report: supplementary

        9. 28.Modification by order under other statutory provisions

      4. Competition

        1. 29.Functions of the Authority with respect to competition

    2. CHAPTER II ENFORCEMENT AND INSOLVENCY

      1. Enforcement orders

        1. 30.Orders for securing compliance with certain provisions

        2. 31.Exceptions to the duty to enforce

        3. 32.Procedure for enforcement orders

        4. 33.Validity and effect of enforcement orders

        5. 34.Effect of enforcement order

      2. Financial penalties

        1. 35.Financial penalties

        2. 36.Statement of policy with respect to penalties

        3. 37.Time limits on the imposition of financial penalties

        4. 38.Interest and payment of instalments

        5. 39.Appeals

        6. 40.Recovery of penalties

      3. Special administration orders

        1. 41.Meaning and effect of special administration order

        2. 42.Special administration orders made on application of Department or Authority

        3. 43.Power to make special administration order on winding-up petition

      4. Restrictions on voluntary winding up and insolvency proceedings

        1. 44.Restrictions on voluntary winding up and insolvency proceedings

    3. CHAPTER III CONSUMER PROTECTION: THE GENERAL CONSUMER COUNCIL

      1. 45.The General Consumer Council: preliminary

      2. 46.Forward work programme of the Council

      3. 47.Co-operation between the Council and other authorities

      4. 48.Acquisition and review of information

      5. 49.Provision of advice and information to public authorities and other persons

      6. 50.Provision of information to consumers

      7. 51.Power to publish information and advice about consumer matters

      8. 52.Provision of information to the Council

      9. 53.Provision of information by the Council

      10. 54.Articles 52 and 53: supplementary

      11. 55.Consumer complaints

      12. 56.Power of the Council to investigate other matters

      13. 57.Restrictions on disclosure of information by the Council

      14. 58.Duty to consult the Council

      15. 59.Provision of statistical information about complaints

    4. CHAPTER IV MISCELLANEOUS AND SUPPLEMENTARY

      1. Miscellaneous

        1. 60.General duty of the Authority to keep matters under review

        2. 61.Determination of disputes by the Authority

        3. 62.Remuneration and standards of performance

        4. 63.Procedure for dealing with complaints

      2. Supplementary

        1. 64.Interpretation of Part III

  5. PART IV WATER SUPPLY

    1. CHAPTER I GENERAL DUTIES OF WATER UNDERTAKERS

      1. General water supply duties

        1. 65.General duty to maintain water supply system, etc.

        2. 66.Standards of performance in connection with water supply

        3. 67.Information with respect to levels of performance

        4. 68.Information to be given to customers about overall performance

        5. 69.Procedure for making regulations under Article 66

      2. Water resource management and drought plans

        1. 70.Water resources management plans: preparation and review

        2. 71.Water resources management plans: publication and representations

        3. 72.Water resources management plans: supplementary

        4. 73.Drought plans: preparation and review

    2. CHAPTER II SUPPLY DUTIES

      1. Major supplies

        1. 74.Bulk supplies

        2. 75.Variation and termination of bulk supply agreements

        3. 76.Duty to comply with water main requisition

        4. 77.Financial conditions of compliance

        5. 78.Determination of completion date and routes for requisitioned main

      2. Domestic connections

        1. 79.Duty to make connections with main

        2. 80.Duty to carry out ancillary works for the purpose of making domestic connection

        3. 81.Conditions of connection concerning metering

        4. 82.Conditions of connection with water main

        5. 83.Interest on sums deposited in pursuance of the deposit condition

        6. 84.Restrictions on imposition of condition requiring separate service pipes

        7. 85.Time for performance of connection etc. duties

      3. Adoption of water mains and service pipes

        1. 86.Agreements to adopt water main or service pipe at a future date

        2. 87.Appeals with respect to adoption

        3. 88.Financial conditions of compliance

        4. 89.Prohibition on connection without adoption

        5. 90.Articles 86 to 89: supplementary

      4. Domestic supplies

        1. 91.The domestic supply duty

        2. 92.Conditions of compliance with domestic supply duty

        3. 93.Enforcement of domestic supply duty

      5. Other supplies

        1. 94.Supplies for non-domestic purposes

        2. 95.Determinations on requests for non-domestic supplies

        3. 96.Duty to provide a supply of water etc. for fire-fighting

        4. 97.Specially requested fire hydrants

        5. 98.Supplies for other public purposes

      6. Disconnections

        1. 99.Disconnections for the carrying out of necessary works

        2. 100.Disconnections for non-payment of charges

        3. 101.Disconnections at request of customer

        4. 102.General duties of undertakers with respect to disconnections

      7. Use of limiting devices

        1. 103.Prohibition of use of limiting devices

      8. Means of supply

        1. 104.Supply by means of separate service pipes

        2. 105.Duties of undertakers as respects constancy and pressure

        3. 106.Requirements by undertaker for maintaining pressure

    3. CHAPTER III QUALITY AND SUFFICIENCY OF SUPPLY

      1. Standards of wholesomeness

        1. 107.Standards of wholesomeness

      2. General obligations of water undertakers

        1. 108.Duties of water undertakers with respect to water quality

        2. 109.Regulations for preserving water quality

        3. 110.Offence of supplying water unfit for human consumption

      3. Waste, contamination, misuse, etc.

        1. 111.Waste from water sources

        2. 112.Contamination of water sources

        3. 113.Offences of contaminating, wasting and misusing water, etc.

        4. 114.Regulations for preventing contamination, waste, etc and with respect to water fittings

        5. 115.Power to prevent damage and to take steps to prevent contamination, waste, etc.

        6. 116.Temporary hosepipe bans

      4. Insufficient or unwholesome piped supplies

        1. 117.Functions of the Department where piped supplies insufficient or unwholesome

      5. Private supplies

        1. 118.General functions of DOE in relation to private supplies

        2. 119.Remedial powers in relation to private supplies

        3. 120.Confirmation of private supply notices

        4. 121.Enforcement and variation of private supply notice

        5. 122.Powers to do works in relation to private supplies

        6. 123.Power of DOE to obtain information relating to private supplies

      6. Enforcement

        1. 124.Rights of entry

        2. 125.Assessors for the enforcement of water quality

    4. CHAPTER IV FLUORIDATION

      1. 126.Fluoridation of water supplies at request of DHSSPS

      2. 127.Target concentration of fluoride

      3. 128.Fluoridation arrangements: determination of terms

      4. 129.Fluoridation arrangements: compliance

      5. 130.Power to vary permitted fluoridation agents

      6. 131.Power to vary target concentration of fluoride

      7. 132.Consultation

      8. 133.Indemnities in respect of fluoridation

      9. 134.Review of fluoridation

    5. CHAPTER V SUPPLEMENTAL PROVISIONS OF PART IV

      1. 135.Power to give effect to international agreements

      2. 136.Interpretation

  6. PART V USE OF WATER

    1. CHAPTER I DROUGHT

      1. Drought orders

        1. 137.Power to make drought orders

        2. 138.Provisions and duration of drought order

        3. 139.Provisions of drought order restricting use of water

        4. 140.Provisions of drought order with respect to abstraction and discharges

        5. 141.Works under drought orders

        6. 142.Compensation and charges where drought order made

        7. 143.Offences against drought order

      2. Interpretation

        1. 144.Interpretation of this Chapter

    2. CHAPTER II PROMOTION OF THE EFFICIENT USE OF WATER

      1. 145.Duty to promote efficient use of water

      2. 146.Power of the Authority to impose requirements on water undertakers

      3. 147.Publicity of requirements imposed under Article 146

      4. 148.Information as to compliance with requirements under Article 146

  7. PART VI SEWERAGE SERVICES

    1. CHAPTER I GENERAL FUNCTIONS OF SEWERAGE UNDERTAKERS

      1. Principal duties and standards of performance

        1. 149.General duty to provide sewerage system

        2. 150.Standards of performance in connection with provision of sewerage services

        3. 151.Information with respect to levels of performance

        4. 152.Procedure for regulations under Article 150

        5. 153.Information to be given to customers about overall performance

    2. CHAPTER II PROVISION OF SEWERAGE SERVICES

      1. Requisition of public sewer or lateral drain

        1. 154.Duty to comply with sewer and lateral drain requisition

        2. 155.Financial conditions of compliance

        3. 156.Determination of completion date and route for requisitioned sewer or lateral drain

      2. Provision of sewers other than by requisition

        1. 157.Further duty to provide sewers

        2. 158.Power to construct lateral drains following provision of public sewer

      3. Adoption of sewers and waste water treatment works

        1. 159.Adoption of sewers and waste water treatment works

        2. 160.Adoption under Article 159: supplementary

        3. 161.Agreements to adopt sewer, drain or waste water treatment works at future date

        4. 162.Appeals with respect to adoption

      4. Communication of drains and private sewers with public sewers

        1. 163.Right to communicate with public sewers

        2. 164.Right of sewerage undertaker to undertake the making of communications with public sewers

        3. 165.Communication works by person entitled to communication

        4. 166.Unlawful communications

      5. Connections between public sewers

        1. 167.New connections with public sewers

      6. Provisions protecting public sewers

        1. 168.Restrictions on use of public sewers

        2. 169.Requirement that proposed drain or sewer be constructed so as to form part of general system

        3. 170.Power to alter drainage system of premises in area

        4. 171.Power to investigate defective drain or sewer

      7. Use of pipes for sewerage purposes

        1. 172.Use of road drains as sewers and vice versa

        2. 173.Power to close or restrict use of public sewer

      8. Interpretation of Chapter II

        1. 174.Interpretation of Chapter II

    3. CHAPTER III TRADE EFFLUENT

      1. Consent for discharge of trade effluent into public sewer

        1. 175.Consent required for discharge of trade effluent into public sewer

      2. Consents on an application

        1. 176.Application for consent

        2. 177.Transfer of consent

        3. 178.Applications for the discharge of special category effluent

        4. 179.Conditions of consent

        5. 180.Appeals to the Authority with respect to decisions on applications etc.

        6. 181.Appeals with respect to the discharge of special category effluent

        7. 182.Variation of consents

        8. 183.Variations within time limit

        9. 184.Appeals with respect to variations of consent

        10. 185.Review by DOE of consents relating to special category effluent

      3. Application for variation of time for discharge

        1. 186.Application for variation of time for discharge

      4. Agreements with respect to the disposal etc. of trade effluent

        1. 187.Agreements with respect to the disposal etc. of trade effluent

        2. 188.Reference to DOE of agreements relating to special category effluent

        3. 189.Review by DOE of agreements relating to special category effluent

      5. References and reviews relating to special category effluent

        1. 190.Powers and procedure on references and reviews

        2. 191.Effect of determination on reference or review

        3. 192.Compensation in respect of determinations made for the protection of public health etc.

      6. Supplemental provisions of Chapter III

        1. 193.Restrictions on power to fix charges under Chapter III

        2. 194.Power of DOE to require information for the purpose of its functions in relation to special category effluent

        3. 195.Evidence from meters etc.

        4. 196.Statement of case on appeal

        5. 197.Meaning of “special category effluent”

        6. 198.Power to apply Chapter III to specified activities

      7. Interpretation of Chapter III

        1. 199.Interpretation of Chapter III

  8. PART VII FINANCIAL PROVISIONS

    1. CHAPTER I CHARGES

      1. Manner of fixing charges

        1. 200.Powers of undertakers to charge

        2. 201.Charges schemes

        3. 202.Regulations as to provisions to be included in charges schemes

        4. 203.Liability for charges

        5. 204.Right of consumer to elect for charging by reference to volume

        6. 205.Restriction on undertakers' power to require fixing of charges by reference to volume

        7. 206.Connection charges

        8. 207.Charging for emergency use of water

      2. Metering

        1. 208.Restriction on charging for metering works

        2. 209.Further provisions relating to charging by volume

      3. Charging for services provided with the help of an undertaker

        1. 210.Fixing maximum charges for services provided with the help of undertakers' services

        2. 211.Billing disputes

        3. 212.Interpretation of Chapter I

    2. CHAPTER II FINANCIAL ASSISTANCE FOR UNDERTAKERS

      1. 213.Grants by the Department to relevant undertakers

      2. 214.Financial assistance where special administration orders made

  9. PART VIII UNDERTAKERS' POWERS AND WORKS

    1. CHAPTER I UNDERTAKERS' POWERS

      1. Abstraction and impounding of water

        1. 215.Abstraction and impounding of water

      2. Powers in relation to land

        1. 216.Compulsory acquisition

        2. 217.Restriction on disposals of land

        3. 218.Byelaws with respect to undertakers' waterways and land

      3. Pipe-laying

        1. 219.Power to lay pipes in a street

        2. 220.Power to lay pipes in other land

      4. Other works powers

        1. 221.Power to carry out works and discharge surface water for sewerage purposes

        2. 222.Power to deal with foul water and pollution

        3. 223.Works in connection with metering

        4. 224.Power to fit stopcocks

        5. 225.Agreements for works with respect to water sources

      5. Powers to discharge water

        1. 226.Discharges for works purposes

        2. 227.Consents for certain discharges under Article 226

      6. Compulsory works orders

        1. 228.Compulsory works orders

      7. Entry to land, etc. by relevant undertakers

        1. 229.Entry for works purposes

        2. 230.Power to carry out surveys and search for water

        3. 231.Entry etc. for other purposes

        4. 232.Entry for sewerage purposes

        5. 233.Entry for metering purposes

        6. 234.Regulations as to taking of, and dealing with, samples

        7. 235.Impersonation of persons entitled to entry

    2. CHAPTER II PROTECTION OF UNDERTAKERS' WORKS, APPARATUS, ETC.

      1. Protection of apparatus in general

        1. 236.Offences of interference with works, etc.

      2. Protection of meters

        1. 237.Offence of tampering with a meter

        2. 238.Consent for the purposes of Article 237

        3. 239.Financial obligations with respect to any interference with a meter

        4. 240.Obstruction of works, etc.

    3. CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS' POWERS

      1. Vesting of works in undertaker

        1. 241.Vesting of works in undertaker

        2. 242.Compensation for loss or damage caused by works etc.

        3. 243.Complaints with respect to the exercise of works powers on private land, etc

        4. 244.Codes of practice with respect to work on private land

        5. 245.Protection for particular undertakings

        6. 246.Power of certain undertakers to alter public sewers, etc.

        7. 247.Duty to move pipes etc. in certain cases

        8. 248.Protective provisions in respect of watercourses etc.

        9. 249.Works in tidal lands etc.

        10. 250.Power to sell materials deriving from works

        11. 251.Rights as to sewage

      2. Interpretation

        1. 252.Interpretation of Part VIII

  10. PART IX INFORMATION

    1. Registers, maps etc

      1. 253.The Authority’s register

      2. 254.Reasons for decisions

      3. 255.Trade effluent registers

      4. 256.Register for the purposes of works discharges

      5. 257.Maps of waterworks

      6. 258.Sewer maps

    2. Publication of certain information and advice

      1. 259.Publication of certain information and advice

    3. Powers to acquire and duties to provide information

      1. 260.Duties of undertakers to provide the Department with information

      2. 261.Power to require information for enforcement purposes

      3. 262.Provision of information to sewerage undertakers with respect to trade effluent discharges

      4. 263.Exchange of metering information between undertakers

      5. 264.Information sharing for purposes of special provision in charges scheme

    4. Restriction on disclosure of information

      1. 265.Restriction on disclosure of information

      2. 266.Unauthorised disclosure of information relating to particular persons

    5. Provision of false information

      1. 267.Provision of false information

  11. PART X REORGANISATION OF THE INDUSTRY

    1. Introductory

      1. 268.Interpretation of this Part

    2. The successor company

      1. 269.The successor company

    3. Transfer to successor company of certain assets and liabilities of the Department

      1. 270.Transfer scheme

    4. Ownership of the successor company

      1. 271.Initial Departmental holding in the successor company

      2. 272.Departmental investment in securities of the successor company

      3. 273.Disposal of securities, etc

      4. 274.Exercise of Departmental powers through nominees

    5. The Water Appeals Commission

      1. 275.Statutory reserves

      2. 276.Accounts, etc. of successor company

      3. 277.Restrictions on borrowing, charging, etc.

      4. 278.Departmental lending, guarantees, etc.

      5. 279.Exercise of certain functions of the Department under this Part

  12. PART XI AMENDMENTS TO THE WATER ORDER

    1. 280.Pollution of water

    2. 281.Relationship of Part II of Water Order with other statutory provisions

    3. 282.Charges for transfer of discharge consent

    4. 283.Anti-pollution works

    5. 284.Provision of information

    6. 285.Restriction on disclosure of information

    7. 286.Civil liability

    8. 287.Liability to prosecution for certain offences

    9. 288.Application of Part II of the Water Order to the Crown

    10. 289.Matters to be taken into account in exercising certain functions under Part III of Water Order

    11. 290.Discharge consents

    12. 291.Minor amendments

  13. PART XII MISCELLANEOUS AND SUPPLEMENTAL

    1. The Water Appeals Commission

      1. 292.The Water Appeals Commission

      2. 293.Procedure of the Appeals Commission

    2. Miscellaneous

      1. 294.Directions in the interests of national security

      2. 295.Directions for preserving services or mitigating effects of emergency

      3. 296.Abolition of Northern Ireland Water Council

      4. 297.Safety of reservoirs

      5. 298.Civil liability of water undertaker for escape of water, etc

    3. Supplemental

      1. 299.Prosecutions

      2. 300.Regulations

      3. 301.Directions

      4. 302.Power to prescribe forms

      5. 303.Local inquiries

      6. 304.Construction of provision conferring powers by reference to undertakers' functions

      7. 305.Local statutory provisions

      8. 306.Supplementary, incidental, consequential, transitional provision etc.

      9. 307.Application to the Crown

      10. 308.Amendments and repeals

  14. Signature

  15. SCHEDULES:

    1. Schedule 1

      Transitional provision on termination of appointments

    2. Schedule 2

      Premises not to be disconnected for non-payment of charges

    3. Schedule 3

      Procedure for orders relating to pressure and constancy

    4. Schedule 4

      Rights of entry

    5. Schedule 5

      Proceedings on application for a drought order

    6. Schedule 6

      Compensation in respect of drought orders

    7. Schedule 7

      Compulsory acquisition of land

    8. Schedule 8

      Procedure relating to byelaws under Article 218

    9. Schedule 9

      Orders conferring compulsory works powers

    10. Schedule 10

      Protective provisions in respect of certain undertakings

    11. Schedule 11

      The transfer scheme

    12. Schedule 12

      Amendments

    13. Schedule 13

      Repeals

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