Explanatory Memorandum

Water and Sewerage Services (Amendment) Act (Northern Ireland) 2013

2013 CHAPTER 6

25 April 2013

Commentary on Sections

A short explanation of sections 1 to 3 is given below.

Section 1: Extension of Subsidy Period

This section amends Article 213(4) of the 2006 Order to extend the “initial period” to 9 years from the coming into force of the 2006 Order. This provides the basis for DRD to continue to make subsidy payments to NI Water until 31 March 2016.

Section 2: Statutory Charges

Under Article 220 of the 2006 Order, relevant undertakers (currently NI Water) are (amongst other things) empowered to carry out works to lay certain pipes on land. Before exercising powers under paragraph (1) of Article 220, paragraph (4) of that Article requires relevant undertakers to give reasonable notice to owners and occupiers of the land that the undertaker proposes to exercise the power.

This section amends Schedule 11 to the Land Registration Act (Northern Ireland) 1970 so that, where an undertaker has given reasonable notice that it proposes to exercise powers under paragraph (1)(a) of Article 220, or powers under paragraph (1)(c) of that Article where those powers relate to works falling within paragraph (1)(a), that notice must be registered as a statutory charge in the Statutory Charges Register. This amendment makes this information publicly available, particularly in order to assist prospective purchasers.

Section 3: Short Tile

This section is self explanatory