Search Legislation

Environmental Better Regulation Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

PART 5AMENDMENTS TO THE WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 2006

Enforcement authorities

19.—(1) The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

(2) After Article 30(6)(c)(i) (orders for securing compliance with certain provisions) insert—

(ia)DOE;.

(3) In Article 30(6)(c)(iii) for “either” substitute “any”.

(4) In Article 30(7), in the definition of “enforcement authority”, for paragraph (a) substitute—

(a)the Department;

(ab)DOE; or.

(5) In Article 31(2)(a) and (b) after “Department” insert “or DOE”.

(6) In Article 108(5) (duties of water undertakers with respect to water quality), for “the Department” substitute “DOE”.

(7) In Article 110(4) (offence of supplying water unfit for human consumption), for “the Department” substitute “DOE”.

(8) In Article 124(1) (rights of entry) omit the words “the Department or”.

(9) In Article 267(3)(a) (provision of false information), for “of any provision” substitute “provision in Articles 107 to 112 or”.

(10) In Article 300(2)(a) (regulations) for “or by the Authority, or by either” substitute “or by DOE or by the Authority, or by any”.

(11) In Article 300(2)(e)(iii) (regulations) after “the Department,” insert “DOE,”.

Regulations relating to wholesomeness of water

20.—(1) The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

(2) In Article 107(1) (standards of wholesomeness)—

(a)for “The Department” substitute “DOE”; and

(b)after “water undertaker” insert “or by means of a private supply”.

(3) Article 107(2) ceases to have effect.

(4) In Article 107(3)—

(a)for “paragraphs (1) and (2)” substitute “paragraph (1)”;

(b)in sub-paragraph (e), for “the Department (in the case of regulations under paragraph (1)) or DOE (in the case of regulations under paragraph (2))” substitute “DOE”.

(5) In Article 109(1) (regulations for preserving water quality), for “The Department” substitute “DOE”.

(6) In Article 109(3) for “the Department” substitute “DOE”.

(7) In Article 109(5) for “The Department” substitute “DOE”.

(8) Article 117 (functions of the Department where piped supplies insufficient or unwholesome) ceases to have effect.

Appointment and powers of inspectors

21.—(1) Article 125 of the Water and Sewerage Services (Northern Ireland) Order 2006 (assessors for the enforcement of water quality) is amended as follows.

(2) In paragraph (1) for “The Department” substitute “DOE”.

(3) In paragraph (1)(a) omit the words “and 117”.

(4) In paragraphs (1)(a) and (b) omit the words “and sufficiency”.

(5) In paragraph (1)(b) for “the Department” substitute “DOE”.

(6) In paragraph (3) for “the Department and DOE (acting jointly)” substitute “DOE”.

(7) In paragraph (4) for “the Department” (wherever occurring) substitute “DOE”.

(8) In paragraph (4)(a)(i) omit the words “or Article 117”.

(9) In paragraph (4)(a)(ii) omit the words “and 117”.

(10) In paragraph (7)—

(a)after “paragraph (1)” insert “or (2)”;

(b)for “the Department” substitute “DOE”;

(c)in sub-paragraph (a), after “paragraph (4)” insert “or (5)”; and

(d)in sub-paragraph (c), omit the words “or Article 117”.

(11) Paragraph (8) ceases to have effect.

(12) In paragraph (9) omit the words “or (8)”.

(13) In paragraph (11) omit the words “and sufficiency”.

Publication of certain information and advice

22.—(1) The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

(2) In Article 259(2) and (7) (publication of certain information and advice), for “its private supply functions” substitute “its functions relating to the supply of water for domestic or food production purposes”.

(3) For Article 259(8) substitute—

(8) References in this Article to the functions of DOE relating to the supply of water for domestic or food production purposes are to its functions under Articles 107 to 112 and 118 to 125..

Transitional provisions

23.  After Article 302 of the Water and Sewerage Services (Northern Ireland)Order 2006 insert—

302A.    Transitional provisions (Environmental Better Regulation Act (Northern Ireland) 2016)

(1) The amendment of any provision of this Order made by section 19 of the 2016 Act does not affect anything done by the Department before the commencement of that section that, on or after that commencement, could only have been done by DOE and any such thing has the same effect as if it had been done by DOE.

(2) The amendments of Articles 107 and 109 made by section20 of, and Schedule 2 to, the 2016 Act do not affect any regulations made by the Department under those Articles and in force immediately before the commencement of that section and Schedule and any such regulations have the same effect as if they had been made by DOE and as if any reference in them to the Department were a reference to DOE.

(3) The amendment of Article 124(1) made by Schedule 2 to the 2016 Act does not affect a designation made by the Department for the purpose of Article 124(1) and in force under that Article immediately before the commencement of that Schedule and any such designation has the same effect as if it had been made by DOE.

(4) The amendments of Article 125 made by section21 of, and Schedule 2 to, the 2016 Act do not affect an appointment of an inspector made by the Department, or an appointment of a person as the Chief Inspector of Drinking Water made jointly by the Department and DOE, under that Article and in force under that Article immediately before the commencement of that section and Schedule and any such appointment has the same effect as if it had been made by DOE.

(5) This Article is additional to, and does not take away from, theInterpretation Act (Northern Ireland) 1954.

(6) In this Article “the 2016 Act” means the Environmental BetterRegulation Act (Northern Ireland) 2016..

Back to top

Options/Help

Print Options

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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 enacted 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