The Water and Sewerage Services (Northern Ireland) Order 2006

Powers of undertakers to charge N.I.

200.—(1) Subject to the following provisions of this Chapter, the powers of every relevant undertaker shall include power—

(a) to fix charges for any services provided or other things done in the course of carrying out its functions and, in the case of a sewerage undertaker, charges to be paid in connection with the carrying out of its trade effluent functions; and

(b) to demand and recover charges fixed under this Article from any persons to whom the undertaker provides services or in relation to whom it carries out trade effluent functions.

(2) Subject to paragraphs (3) to (6), the powers conferred by paragraph (1) shall be exercisable—

(a) by or in accordance with a charges scheme under Article 201; or

(b) by or in accordance with agreements with the persons to be charged.

(3) Sub-paragraph (b) of paragraph (2) shall not have effect in relation to—

(a) charges for the supply of water to a dwelling, or

(b) charges for the provision of sewerage services in respect of a dwelling.

(4) In paragraph (3) “dwelling” means —

(a) a private dwelling-house (which may be a building or part of a building);

(b) a caravan within the meaning of the Caravans Act (Northern Ireland)1963 (c. 17);

(c) a boat or similar structure designed or adapted for use as a place of permanent habitation.

(5) Sub-paragraph (b) of paragraph (2) shall have effect in relation to the exercise of powers with respect to charges in connection with the carrying out of a sewerage undertaker's trade effluent functions only in so far as provision for the fixing, demanding or recovery of such charges may be contained in an agreement entered into in accordance with Article 187.

(6) The power of a sewerage undertaker to charge, by virtue of paragraph (1), for any services provided in the course of carrying out its duty under Article 157(1) shall be exercisable only by or in accordance with a charges scheme under Article 201.

(7) Except in so far as this Chapter otherwise provides, a relevant undertaker may fix charges under this Article by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to the undertaker to be appropriate.

(8) The powers in relation to which this Article has effect shall be exercisable notwithstanding any local statutory provision which provides that no charge shall be made for a particular service.

(9) Nothing in paragraphs (1) to (8) or in any charges scheme under Article 201 shall affect any power of a relevant undertaker to fix charges under any power conferred otherwise than by virtue of this Chapter.

Commencement Information

I1 Art. 200 partly in operation; art. 200 not in operation at date of making see art. 1(2); art. 200 in operation (except art. 200(6)) at 1.4.2007 by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)