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Explanatory Memorandum to Water and Sewerage Services (Northern Ireland) Order 2006

Articles 35-39 Financial Penalties

31.Articles 35-40 deal with the financial penalties which may be imposed on the undertaker where the enforcement authority has determined that there has been a contravention in any condition of its appointment, a failure to attain any performance standard or a contravention of its statutory duty.  A penalty may not exceed 10% of the undertaker’s turnover (turnover to be determined by order made by the Department). The steps to be followed by the enforcement authority when imposing penalties are listed in Article 35.  Article 36 requires each enforcement authority to publish a statement of policy on penalties and Article 37 sets out time limits on when penalties can be imposed.  An undertaker can appeal to the High Court against any penalty imposed upon it (Article 39).

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