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The Water and Sewerage Services (Amendment) (Northern Ireland) Order 1993


This is the original version (as it was originally made).

Legal proceedings and international obligations

12.  After Article 56 of the principal Order there shall be inserted—

Legal proceedings

56A.(1) Notwithstanding anything in Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981, summary proceedings for an offence under Articles 17(6), 26A(2), 30(2), 34(3), 44(4), 46(2) and 52 or under regulations or orders made under this Order may be brought at any time within 6 months from the date on which evidence sufficient in the opinion of the Department to warrant the proceedings comes to the knowledge of the Department; but no such proceedings shall be brought by virtue of this Article more than 2 years after the commission of the offence.

(2) For the purposes of this Article a certificate signed on behalf of the Department and stating the date on which such evidence as aforesaid came to the knowledge of the Department shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed by the secretary of, or other officer authorised by, the Department shall be deemed to be so signed unless the contrary is proved.

Power to give effect to international obligations

56B.(1) Regulations may make such modifications of the provisions of this Order and the Water Act (Northern Ireland) 1972 as are considered necessary or expedient for the purpose of enabling effect to be given—

(a)to any Community obligations; or

(b)to any international agreement to which the government of the United Kingdom is for the time being a party.

(2) In this Article “regulations”—

(a)in relation to any Community obligations, means regulations made by the Department; and

(b)in relation to any international agreement, means regulations made by the Secretary of State.

(3) Regulations under this Article made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(4) In this Article “modifications” includes additions, alterations and omissions..

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