Search Legislation

The Water and Sewerage Services (Northern Ireland) Order 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

The Water and Sewerage Services (Northern Ireland) Order 2006, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 20 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

EnforcementN.I.

Rights of entryN.I.

124.—(1) Any person designated for the purpose by F1... DOE shall, on producing some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is or has been any contravention of Article 112 in relation to any waterworks on those premises.

(2) Any person designated in writing for the purpose by DOE may—

(a)enter any premises for the purpose, in relation to any private supply, of—

(i)determining whether, and if so in what manner, any power or duty conferred or imposed on DOE by or under any of Articles 118 to 121 should be exercised or performed; or

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

(b)carry out such inspections, measurements and tests on premises entered by that person or of articles found on any such premises, and take away such samples of water or of any land or articles, as DOE—

(i)considers appropriate for the purposes of any such power or duty; and

(ii)has authorised that person to carry out or take away.

(3) Any person designated in writing for the purpose by the Department 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 Article 114 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 that Article.

(4) Part I of Schedule 4 shall apply to the right of entry conferred by paragraph (1); but nothing in that paragraph or in that Part of that Schedule shall entitle any person designated for the purposes of that paragraph by DOE to have access to any waterworks belonging to a water undertaker.

(5) Part II of Schedule 4 shall apply to the rights and powers conferred by paragraphs (2) and (3).

(6) In this Article “waterworks” has the same meaning as in Article 112.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in art. 124(1) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 19(8), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(1)(3) (as inserted by 2016 c. 13 (N.I.), s. 23))

Commencement Information

I1Art. 124 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Assessors for the enforcement of water qualityN.I.

125.—(1) [F2DOE] may for the purposes of this Article appoint inspectors to act on its behalf in relation to some or all of—

(a)the powers and duties conferred or imposed on it by or under Articles 107 to 110 F3... so far as relating to the quality F4... of water supplied by a water undertaker; and

(b)such other powers and duties in relation to the quality F4... of water supplied by a water undertaker as are conferred or imposed on [F5DOE] by or under any other statutory provision.

(2) DOE may for the purposes of this Article appoint inspectors to act on its behalf in relation to some or all of—

(a)the powers and duties conferred or imposed on it by or under Articles 107 and 118 to 123 in relation to the quality and sufficiency of water supplied by means of a private supply; and

(b)such other powers and duties in relation to the quality and sufficiency of water supplied by means of a private supply as are conferred or imposed on DOE by or under any other statutory provision.

(3) A person may be appointed under both paragraph (1) and (2); and [F6DOE] may designate a person so appointed as the Chief Inspector of Drinking Water.

(4) An inspector appointed under paragraph (1) shall—

(a)carry out such investigations as [F7DOE] may require him to carry out for the purpose of—

(i)ascertaining whether any duty or other requirement imposed on an undertaker by or under any of Articles 108 to 110 F8... is being, has been or is likely to be contravened; or

(ii)advising [F7DOE] as to whether, and if so in what manner, any of its powers in relation to such a contravention, or any of the powers (including the powers to make regulations) which are conferred on it by or under any of Articles 107 to 110 F9... should be exercised; and

(b)make such reports to [F7DOE] with respect to any such investigation as [F7DOE] may require.

(5) An inspector appointed under paragraph (2) shall—

(a)carry out such investigations as DOE may require him to carry out for the purpose of advising DOE as to whether, and if so in what manner, any of its powers (including the powers to make regulations) which are conferred on it by or under any of Articles 107 and 118 to 121 should be exercised; and

(b)make such reports to DOE with respect to any such investigation as DOE may require.

(6) Without prejudice to the powers conferred by paragraphs (7) and (8), it shall be the duty of a water undertaker—

(a)to give an inspector appointed under paragraph (1) all such assistance; and

(b)to provide an inspector so appointed with all such information,

as that inspector may reasonably require for the purpose of carrying out any such investigation as is mentioned in paragraph (4).

(7) An inspector appointed under paragraph (1) [F10or (2)] who is designated in writing for the purpose by [F11DOE] may—

(a)enter any premises for the purpose of carrying out any such investigation as is mentioned in paragraph (4) [F12or (5)] ;

(b)carry out such inspections, measurements and tests on premises entered by that person or of articles or records found on any such premises, and take away such samples of water or of any land or articles, as that person considers appropriate for the purpose of enabling him to carry out any such investigation; or

(c)at any reasonable time require any water undertaker to supply him with copies of, or of extracts from, the contents of any records kept for the purpose of complying with any duty or other requirement imposed on that undertaker by or under any of Articles 108 to 110 F13....

F14(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Part II of Schedule 4 shall apply to the rights and powers conferred by paragraph (7) F15....

(10) Any water undertaker which fails to comply with the duty imposed on it by virtue of paragraph (6) shall be guilty of an offence and liable—

(a)on summary conviction, to a fine not exceeding £20,000;

(b)on conviction on indictment, to a fine.

(11) Proceedings for an offence under this Article or in relation to the quality F16... of water supplied by a water undertaker may be instituted and carried on in the name of the Chief Inspector of Drinking Water.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Word in art. 125(1) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(2), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F3Words in art. 125(1)(a) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(3), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F4Words in art. 125(1)(a)(b) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(4), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F5Word in art. 125(1)(b) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(5), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F6Word in art. 125(3) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(6), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F7Word in art. 125(4) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(7), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F8Words in art. 125(4)(a)(i) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(8), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F9Words in art. 125(4)(a)(ii) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(9), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F10Words in art. 125(7) inserted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(10)(a), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F11Word in art. 125(7) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(10)(b), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F12Words in art. 125(7)(a) inserted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(10)(c), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F13Words in art. 125(7)(c) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(10)(d), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F14Art. 125(8) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(11), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F15Words in art. 125(9) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(12), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

F16Words in art. 125(11) repealed (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 21(13), 27(1), Sch. 2 (with S.I. 2006/3336 (N.I. 21), art. 302A(4) (as inserted by 2016 c. 13 (N.I.), s. 23))

Commencement Information

I2Art. 125 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order without Schedules as a PDF

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources