PART IINTRODUCTORY

Interpretation2

1

The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Parliament of Northern Ireland.

2 F2

In this Order—

  • the Appeals Commission has the meaning assigned to it by Article 7(1);

  • authorised officer means a person authorised by the Ministry in writing either generally or specially to act in matters of any specified kind or in any specified matter;

  • F3domestic purposes, in relation to a supply of water to any premises, means the purposes of human consumption, cooking and washing necessary for human health or hygiene but does not include the purposes of the business of a laundry;

  • F3domestic sewage, in relation to any premises, means—

    1. a

      the contents of lavatories; and

    2. b

      water which has been used for cooking or washing necessary for human health or hygiene, not being water used for the business of a laundry or for a business of preparing food or drink;

  • drain, in relation to any premises, means any pipe or drain used solely for or in connection with the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

  • F3food production premises means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;

  • food production purposes shall be construed in accordance with paragraph (3);

  • foul water means any water contaminated by domestic sewage or trade effluent;

  • house means a dwelling-house, whether a private dwelling-house or not, and includes any part of a building if that part is occupied as a separate dwelling-house;

  • local authority means the council of any county, county or other borough, or of an urban or rural district, or a joint board constituted for every united district within the meaning of section 12 of the Public Health (Ireland) Act 1878 [1878 c.52] or section 7 of the Water Supplies and Sewerage Act (Northern Ireland) 1945 [1945 c.17] , or the Belfast City and District Water Commissioners;

  • Londonderry Area has the same meaning as in the Foyle Fisheries Act (Northern Ireland) 1952 [1952 c.5] ;

  • main means a pipe vested in the Ministry, being a pipe for the purpose of givingF3 or intended to give a general supply of water as distinct from a supply to an individual consumer and includes any apparatus used in connection with such a pipe;

  • maintain shall be construed in accordance with section 147 of the Local Government Act (Northern Ireland) 1972 [1972 c.9] ;

  • F3micro-organism includes any microscopic biological entity which is capable of replication;

  • the Minister means the Minister of DevelopmentF4;

  • the Ministry means the Ministry of DevelopmentF4;

  • occupier means the person in occupation or having the charge, management or control of premises either on his own account or as the agent of another person;

  • owner means a person who is for the time being receiving a rent of not less than two-thirds of the net annual value of any land whether on his own account or as agent or trustee for any other person or who, if the land were let at such a rent, would receive it;

  • F3prescribed means prescribed by regulations;

  • private sewage treatment works means a sewage treatment works which is not vested in the Ministry;

  • F3private sewer means a sewer not vested in the Department;

  • private supply means, subject to paragraph (4), a supply of water provided otherwise than by the Department (including a supply provided for the purposes of the bottling of water);

  • private water supply works means a water supply works which is not vested in the Ministry;

  • provide shall be construed in accordance with section 147 of the Local Government Act (Northern Ireland) 1972;

  • public body has the same meaning as in section 148 of the Local Government Act (Northern Ireland) 1972;

  • road means a road maintainable at the public expense;

  • F3service pipe means, subject to paragraph (5), so much of a pipe which is, or is to be, connected with a main for supplying water from that main to any premises—

    1. a

      as is or is to be subject to water pressure from that main; or

    2. b

      as would be so subject but for the closing of some valve,

  • and includes part of any service pipe;

  • sewageF3 means domestic sewage, surface water and trade effluent;

  • sewage treatment works means any works, apparatus, or plant used for the treatment or disposal of sewage and includes a septic tank;

  • sewer does not include a drain as defined in this Article but, subject to that, includes all sewers, pipes or drains vested in the Ministry which are used for the drainage of buildings and yards appertaining to premises and includes any apparatus used in connection with such a sewer;

  • F3substance includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;

  • surface water means the run-off of rain water from roofs and any paved ground surface within the curtilage of premises;

  • Definition rep. by 1984 c. 12

  • trade effluent means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced in the course of any trade or industry carried out at trade premises, including trade waste waters or waters heated in the course of any trade or industry, and in relation to any trade premises, means any such liquid which is produced in the course of any trade or industry carried on at those premises;

  • trade or industry for the purposes of the definition of trade effluent includes agriculture, horticulture and scientific research or experiment and the carrying on of a hospital or a nursing home and for the purposes of the definition of trade premises includes premises used or intended to be used in the whole or in part for the carrying on of agriculture, horticulture or scientific research or experiment, or as a hospital or nursing home;

  • trade premises means any premises used or intended to be used for carrying on any trade or industry;

  • transferred provision has the same meaning as in the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

  • underground strata has the same meaning as in theF5 Water (Northern Ireland) Order 1999;

  • water fittings includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths, water closets, soil pans and other similar apparatus used in connection with the supply and use of water;

  • water supply works means any works, apparatus or plant used for the supply, distribution or treatment of water;

  • waterway has the same meaning as in theF5 Water (Northern Ireland) Order 1999.

  • F3wholesome shall be construed subject to the provisions of any regulations made under Article 3C;

F33

In this Order references to food production purposes are references to the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used.

4

In this Order for the purposes of references to a private supply, or to supplying water by means of a private supply, water shall be treated as supplied to any premises not only where it is supplied from outside those premises, but also where it is abstracted, for the purpose of being used or consumed on those premises, from a source which is situated on the premises themselves; and for the purposes of this paragraph water shall be treated as used on any premises where it is bottled on those premises for use or consumption elsewhere.

5

In this Order references to a pipe, including references to a main, a drain or a sewer, shall include references to a tunnel or conduit which serves or is to serve as the pipe in question and to any accessories for the pipe; and, accordingly, references to the laying of a pipe shall include references to the construction of such a tunnel or conduit, to the construction or installation of any such accessories and to the making of a connection between one pipe and another.

6

For the purposes of this Order a service pipe or drain shall be treated as connected with a main or sewer even if the connection is an indirect connection made by virtue of a connection with one or more than one other service pipe or, as the case may be, drain or private sewer.