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Statutory Instrument 2006 No. 3336 (N.I. 21)
The Water and Sewerage Services (Northern Ireland) Order 2006
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
2006 No. 3336 (N.I. 21)
NORTHERN IRELAND
The Water and Sewerage Services (Northern Ireland) Order 2006
| | Made | 14th December 2006 | | | | Coming into operation in accordance with Article 1(2) to (4) |
ARRANGEMENT OF ORDERPART IINTRODUCTORY
PART IIREGULATORY AUTHORITIES AND GENERAL DUTIESThe Northern Ireland Authority for Utility Regulation
| 4. | Forward work programme of the Authority |
| 5. | Annual report of the Authority |
General duties
| 6. | General duties with respect to water industry |
| 7. | Guidance on social and environmental matters |
| 8. | General environmental and recreational duties |
| 9. | Environmental duties with respect to areas of special interest |
| 10. | Codes of practice with respect to environmental and recreational duties |
| 11. | Co-operation between water regulators |
| 12. | General duties with respect to the water industry |
PART IIIAPPOINTMENT AND REGULATION OF UNDERTAKERSCHAPTER IAppointmentsMaking of appointments
| 13. | Appointment of relevant undertakers |
| 14. | Continuity of appointments, replacement appointments, etc. |
| 15. | Procedure with respect to appointments and variations |
| 16. | Duties affecting making of appointments and variations |
| 17. | Transitional provision with respect to replacement appointments |
Conditions of appointment
| 18. | Power to impose conditions |
| 19. | Determinations under conditions of appointment |
Modification of appointment conditions
| 20. | Modification by agreement |
| 21. | Modification references to Competition Commission |
| 22. | References under Article 21: time limits |
| 23. | References under Article 21: powers of investigation |
| 24. | Reports on modification references |
| 25. | Modifications following report |
| 26. | Commission's power of veto following report |
| 27. | Commission's power of veto following report: supplementary |
| 28. | Modification by order under other statutory provisions |
Competition
| 29. | Functions of the Authority with respect to competition |
CHAPTER IIEnforcement and InsolvencyEnforcement orders
| 30. | Orders for securing compliance with certain provisions |
| 31. | Exceptions to the duty to enforce |
| 32. | Procedure for enforcement orders |
| 33. | Validity and effect of enforcement orders |
| 34. | Effect of enforcement order |
Financial penalties
| 36. | Statement of policy with respect to penalties |
| 37. | Time limits on the imposition of financial penalties |
| 38. | Interest and payment of instalments |
Special administration orders
| 41. | Meaning and effect of special administration order |
| 42. | Special administration orders made on application of Department or Authority |
| 43. | Power to make special administration order on winding-up petition |
Restrictions on voluntary winding up and insolvency proceedings
| 44. | Restrictions on voluntary winding up and insolvency proceedings |
CHAPTER IIIConsumer Protection: The General Consumer Council
| 45. | The General Consumer Council: preliminary |
| 46. | Forward work programme of the Council |
| 47. | Co-operation between the Council and other authorities |
| 48. | Acquisition and review of information |
| 49. | Provision of advice and information to public authorities and other persons |
| 50. | Provision of information to consumers |
| 51. | Power to publish information and advice about consumer matters |
| 52. | Provision of information to the Council |
| 53. | Provision of information by the Council |
| 54. | Articles 52 and 53: supplementary |
| 56. | Power of the Council to investigate other matters |
| 57. | Restrictions on disclosure of information by the Council |
| 58. | Duty to consult the Council |
| 59. | Provision of statistical information about complaints |
CHAPTER IVMiscellaneous and SupplementaryMiscellaneous
| 60. | General duty of the Authority to keep matters under review |
| 61. | Determination of disputes by the Authority |
| 62. | Remuneration and standards of performance |
| 63. | Procedure for dealing with complaints |
Supplementary
| 64. | Interpretation of Part III |
PART IVWATER SUPPLYCHAPTER IGeneral Duties of Water UndertakersGeneral water supply duties
| 65. | General duty to maintain water supply system, etc. |
| 66. | Standards of performance in connection with water supply |
| 67. | Information with respect to levels of performance |
| 68. | Information to be given to customers about overall performance |
| 69. | Procedure for making regulations under Article 66 |
Water resource management and drought plans
| 70. | Water resources management plans: preparation and review |
| 71. | Water resources management plans: publication and representations |
| 72. | Water resources management plans: supplementary |
| 73. | Drought plans: preparation and review |
CHAPTER IISupply DutiesMajor supplies
| 75. | Variation and termination of bulk supply agreements |
| 76. | Duty to comply with water main requisition |
| 77. | Financial conditions of compliance |
| 78. | Determination of completion date and routes for requisitioned main |
Domestic connections
| 79. | Duty to make connections with main |
| 80. | Duty to carry out ancillary works for the purpose of making domestic connection |
| 81. | Conditions of connection concerning metering |
| 82. | Conditions of connection with water main |
| 83. | Interest on sums deposited in pursuance of the deposit condition |
| 84. | Restrictions on imposition of condition requiring separate service pipes |
| 85. | Time for performance of connection etc. duties |
Adoption of water mains and service pipes
| 86. | Agreements to adopt water main or service pipe at a future date |
| 87. | Appeals with respect to adoption |
| 88. | Financial conditions of compliance |
| 89. | Prohibition on connection without adoption |
| 90. | Articles 86 to 89: supplementary |
Domestic supplies
| 91. | The domestic supply duty |
| 92. | Conditions of compliance with domestic supply duty |
| 93. | Enforcement of domestic supply duty |
Other supplies
| 94. | Supplies for non-domestic purposes |
| 95. | Determinations on requests for non-domestic supplies |
| 96. | Duty to provide a supply of water etc. for fire-fighting |
| 97. | Specially requested fire hydrants |
| 98. | Supplies for other public purposes |
Disconnections
| 99. | Disconnections for the carrying out of necessary works |
| 100. | Disconnections for non-payment of charges |
| 101. | Disconnections at request of customer |
| 102. | General duties of undertakers with respect to disconnections |
Use of limiting devices
| 103. | Prohibition of use of limiting devices |
Means of supply
| 104. | Supply by means of separate service pipes |
| 105. | Duties of undertakers as respects constancy and pressure |
| 106. | Requirements by undertaker for maintaining pressure |
CHAPTER IIIQuality and Sufficiency of SupplyStandards of wholesomeness
| 107. | Standards of wholesomeness |
General obligations of water undertakers
| 108. | Duties of water undertakers with respect to water quality |
| 109. | Regulations for preserving water quality |
| 110. | Offence of supplying water unfit for human consumption |
Waste, contamination, misuse, etc.
| 111. | Waste from water sources |
| 112. | Contamination of water sources |
| 113. | Offences of contaminating, wasting and misusing water, etc. |
| 114. | Regulations for preventing contamination, waste, etc and with respect to water fittings |
| 115. | Power to prevent damage and to take steps to prevent contamination, waste, etc. |
| 116. | Temporary hosepipe bans |
Insufficient or unwholesome piped supplies
| 117. | Functions of the Department where piped supplies insufficient or unwholesome |
Private supplies
| 118. | General functions of DOE in relation to private supplies |
| 119. | Remedial powers in relation to private supplies |
| 120. | Confirmation of private supply notices |
| 121. | Enforcement and variation of private supply notice |
| 122. | Powers to do works in relation to private supplies |
| 123. | Power of DOE to obtain information relating to private supplies |
Enforcement
| 125. | Assessors for the enforcement of water quality |
CHAPTER IVFluoridation
| 126. | Fluoridation of water supplies at request of DHSSPS |
| 127. | Target concentration of fluoride |
| 128. | Fluoridation arrangements: determination of terms |
| 129. | Fluoridation arrangements: compliance |
| 130. | Power to vary permitted fluoridation agents |
| 131. | Power to vary target concentration of fluoride |
| 133. | Indemnities in respect of fluoridation |
| 134. | Review of fluoridation |
CHAPTER VSupplemental Provisions of Part IV
| 135. | Power to give effect to international agreements |
PART VUSE OF WATERCHAPTER IDroughtDrought orders
| 137. | Power to make drought orders |
| 138. | Provisions and duration of drought order |
| 139. | Provisions of drought order restricting use of water |
| 140. | Provisions of drought order with respect to abstraction and discharges |
| 141. | Works under drought orders |
| 142. | Compensation and charges where drought order made |
| 143. | Offences against drought order |
Interpretation
| 144. | Interpretation of this Chapter |
CHAPTER IIPromotion of the efficient use of water
| 145. | Duty to promote efficient use of water |
| 146. | Power of the Authority to impose requirements on water undertakers |
| 147. | Publicity of requirements imposed under Article 146 |
| 148. | Information as to compliance with requirements under Article 146 |
PART VISEWERAGE SERVICESCHAPTER IGeneral Functions of Sewerage UndertakersPrincipal duties and standards of performance
| 149. | General duty to provide sewerage system |
| 150. | Standards of performance in connection with provision of sewerage services |
| 151. | Information with respect to levels of performance |
| 152. | Procedure for regulations under Article 150 |
| 153. | Information to be given to customers about overall performance |
CHAPTER IIProvision of Sewerage ServicesRequisition of public sewer or lateral drain
| 154. | Duty to comply with sewer and lateral drain requisition |
| 155. | Financial conditions of compliance |
| 156. | Determination of completion date and route for requisitioned sewer or lateral drain |
Provision of sewers other than by requisition
| 157. | Further duty to provide sewers |
| 158. | Power to construct lateral drains following provision of public sewer |
Adoption of sewers and waste water treatment works
| 159. | Adoption of sewers and waste water treatment works |
| 160. | Adoption under Article 159: supplementary |
| 161. | Agreements to adopt sewer, drain or waste water treatment works at future date |
| 162. | Appeals with respect to adoption |
Communication of drains and private sewers with public sewers
| 163. | Right to communicate with public sewers |
| 164. | Right of sewerage undertaker to undertake the making of communications with public sewers |
| 165. | Communication works by person entitled to communication |
| 166. | Unlawful communications |
Connections between public sewers
| 167. | New connections with public sewers |
Provisions protecting public sewers
| 168. | Restrictions on use of public sewers |
| 169. | Requirement that proposed drain or sewer be constructed so as to form part of general system |
| 170. | Power to alter drainage system of premises in area |
| 171. | Power to investigate defective drain or sewer |
Use of pipes for sewerage purposes
| 172. | Use of road drains as sewers and vice versa |
| 173. | Power to close or restrict use of public sewer |
Interpretation of Chapter II
| 174. | Interpretation of Chapter II |
CHAPTER IIITrade EffluentConsent for discharge of trade effluent into public sewer
| 175. | Consent required for discharge of trade effluent into public sewer |
Consents on an application
| 176. | Application for consent |
| 178. | Applications for the discharge of special category effluent |
| 179. | Conditions of consent |
| 180. | Appeals to the Authority with respect to decisions on applications etc. |
| 181. | Appeals with respect to the discharge of special category effluent |
| 182. | Variation of consents |
| 183. | Variations within time limit |
| 184. | Appeals with respect to variations of consent |
| 185. | Review by DOE of consents relating to special category effluent |
Application for variation of time for discharge
| 186. | Application for variation of time for discharge |
Agreements with respect to the disposal etc. of trade effluent
| 187. | Agreements with respect to the disposal etc. of trade effluent |
| 188. | Reference to DOE of agreements relating to special category effluent |
| 189. | Review by DOE of agreements relating to special category effluent |
References and reviews relating to special category effluent
| 190. | Powers and procedure on references and reviews |
| 191. | Effect of determination on reference or review |
| 192. | Compensation in respect of determinations made for the protection of public health etc. |
Supplemental provisions of Chapter III
| 193. | Restrictions on power to fix charges under Chapter III |
| 194. | Power of DOE to require information for the purpose of its functions in relation to special category effluent |
| 195. | Evidence from meters etc. |
| 196. | Statement of case on appeal |
| 197. | Meaning of "special category effluent" |
| 198. | Power to apply Chapter III to specified activities |
Interpretation of Chapter III
| 199. | Interpretation of Chapter III |
PART VIIFINANCIAL PROVISIONSCHAPTER IChargesManner of fixing charges
| 200. | Powers of undertakers to charge |
| 202. | Regulations as to provisions to be included in charges schemes |
| 203. | Liability for charges |
| 204. | Right of consumer to elect for charging by reference to volume |
| 205. | Restriction on undertakers' power to require fixing of charges by reference to volume |
| 207. | Charging for emergency use of water |
Metering
| 208. | Restriction on charging for metering works |
| 209. | Further provisions relating to charging by volume |
Charging for services provided with the help of an undertaker
| 210. | Fixing maximum charges for services provided with the help of undertakers' services |
| 212. | Interpretation of Chapter I |
CHAPTER IIFinancial Assistance for Undertakers
| 213. | Grants by the Department to relevant undertakers |
| 214. | Financial assistance where special administration orders made |
PART VIIIUNDERTAKERS' POWERS AND WORKSCHAPTER IUndertakers' PowersAbstraction and impounding of water
| 215. | Abstraction and impounding of water |
Powers in relation to land
| 216. | Compulsory acquisition |
| 217. | Restriction on disposals of land |
| 218. | Byelaws with respect to undertakers' waterways and land |
Pipe-laying
| 219. | Power to lay pipes in a street |
| 220. | Power to lay pipes in other land |
Other works powers
| 221. | Power to carry out works and discharge surface water for sewerage purposes |
| 222. | Power to deal with foul water and pollution |
| 223. | Works in connection with metering |
| 224. | Power to fit stopcocks |
| 225. | Agreements for works with respect to water sources |
Powers to discharge water
| 226. | Discharges for works purposes |
| 227. | Consents for certain discharges under Article 226 |
Compulsory works orders
| 228. | Compulsory works orders |
Entry to land, etc. by relevant undertakers
| 229. | Entry for works purposes |
| 230. | Power to carry out surveys and search for water |
| 231. | Entry etc. for other purposes |
| 232. | Entry for sewerage purposes |
| 233. | Entry for metering purposes |
| 234. | Regulations as to taking of, and dealing with, samples |
| 235. | Impersonation of persons entitled to entry |
CHAPTER IIProtection of Undertakers' Works, Apparatus, etc.Protection of apparatus in general
| 236. | Offences of interference with works, etc. |
Protection of meters
| 237. | Offence of tampering with a meter |
| 238. | Consent for the purposes of Article 237 |
| 239. | Financial obligations with respect to any interference with a meter |
| 240. | Obstruction of works, etc. |
CHAPTER IIISupplemental Provisions with respect to Undertakers' PowersVesting of works in undertaker
| 241. | Vesting of works in undertaker |
| 242. | Compensation for loss or damage caused by works etc. |
| 243. | Complaints with respect to the exercise of works powers on private land, etc |
| 244. | Codes of practice with respect to work on private land |
| 245. | Protection for particular undertakings |
| 246. | Power of certain undertakers to alter public sewers, etc. |
| 247. | Duty to move pipes etc. in certain cases |
| 248. | Protective provisions in respect of watercourses etc. |
| 249. | Works in tidal lands etc. |
| 250. | Power to sell materials deriving from works |
Interpretation
| 252. | Interpretation of Part VIII |
PART IXINFORMATIONRegisters, maps etc
| 253. | The Authority's register |
| 254. | Reasons for decisions |
| 255. | Trade effluent registers |
| 256. | Register for the purposes of works discharges |
Publication of certain information and advice
| 259. | Publication of certain information and advice |
Powers to acquire and duties to provide information
| 260. | Duties of undertakers to provide the Department with information |
| 261. | Power to require information for enforcement purposes |
| 262. | Provision of information to sewerage undertakers with respect to trade effluent discharges |
| 263. | Exchange of metering information between undertakers |
| 264. | Information sharing for purposes of special provision in charges scheme |
Restriction on disclosure of information
| 265. | Restriction on disclosure of information |
| 266. | Unauthorised disclosure of information relating to particular persons |
Provision of false information
| 267. | Provision of false information |
PART XREORGANISATION OF THE INDUSTRYIntroductory
| 268. | Interpretation of this Part |
The successor company
| 269. | The successor company |
Transfer to successor company of certain assets and liabilities of the Department
Ownership of the successor company
| 271. | Initial Departmental holding in the successor company |
| 272. | Departmental investment in securities of the successor company |
| 273. | Disposal of securities, etc |
| 274. | Exercise of Departmental powers through nominees |
Finances of the successor company
| 276. | Accounts, etc. of successor company |
| 277. | Restrictions on borrowing, charging, etc. |
| 278. | Departmental lending, guarantees, etc. |
| 279. | Exercise of certain functions of the Department under this Part |
PART XIAMENDMENTS TO THE WATER ORDER
| 281. | Relationship of Part II of Water Order with other statutory provisions |
| 282. | Charges for transfer of discharge consent |
| 284. | Provision of information |
| 285. | Restriction on disclosure of information |
| 287. | Liability to prosecution for certain offences |
| 288. | Application of Part II of the Water Order to the Crown |
| 289. | Matters to be taken into account in exercising certain functions under Part III of Water Order |
PART XIIMISCELLANEOUS AND SUPPLEMENTALThe Water Appeals Commission
| 292. | The Water Appeals Commission |
| 293. | Procedure of the Appeals Commission |
Miscellaneous
| 294. | Directions in the interests of national security |
| 295. | Directions for preserving services or mitigating effects of emergency |
| 296. | Abolition of Northern Ireland Water Council |
| 298. | Civil liability of water undertaker for escape of water, etc |
Supplemental
| 302. | Power to prescribe forms |
| 304. | Construction of provision conferring powers by reference to undertakers' functions |
| 305. | Local statutory provisions |
| 306. | Supplementary, incidental, consequential, transitional provision etc. |
| 307. | Application to the Crown |
| 308. | Amendments and repeals |
SCHEDULES:
| | Schedule 1 | Transitional provision on termination of appointments |
| | Schedule 2 | Premises not to be disconnected for non-payment of charges |
| | Schedule 3 | Procedure for orders relating to pressure and constancy |
| | Schedule 4 | Rights of entry |
| | Schedule 5 | Proceedings on application for a drought order |
| | Schedule 6 | Compensation in respect of drought orders |
| | Schedule 7 | Compulsory acquisition of land |
| | Schedule 8 | Procedure relating to byelaws under Article 218 |
| | Schedule 9 | Orders conferring compulsory works powers |
| | Schedule 10 | Protective provisions in respect of certain undertakings |
| | Schedule 11 | The transfer scheme |
At the Court at Buckingham Palace, the 14th day of December 2006Present,The Queen's Most Excellent Majesty in CouncilWhereas a draft of this Order in Council has been approved by resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:— PART IINTRODUCTORYTitle and commencement 1.—(1) This Order may be cited as the Water and Sewerage Services (Northern Ireland) Order 2006. (2) Except as provided by paragraph (3), this Order shall come into operation on such day or days as the Department may by order appoint. (3) The following provisions come into operation on 1st January 2007— (a) this Part;
(b) Article 201(11) to (13);
(c) Part X (together with Schedule 11);
(d) Articles 300, 302, 306 and 307; and
(e) so much of any other provision of this Order as confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power.
(4) An order under paragraph (2) providing for any provision contained in Chapter IV of Part IV to come into operation shall not be made unless a draft of the order has been laid before and approved by resolution of the Assembly.
(5) An order under paragraph (2) may contain such transitional or transitory provisions and such savings as appear to the Department to be necessary or expedient.
Interpretation
2.—(1) Subject to paragraph (13), the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order—
"accessories", in relation to a water main, sewer or other pipe, includes any manholes, ventilating shafts, inspection chambers, settling tanks, wash-out pipes, pumps, valves, hydrants, ferrules or stopcocks for the main, sewer or other pipe, or any machinery or other apparatus which is designed or adapted for use in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it, but does not include any electronic communications apparatus (within the meaning of the Communications Act 2003 (c.21)) unless it— (a) is or is to be situated inside or in the close vicinity of the main, sewer or other pipe or inside or in the close vicinity of another accessory for it; and
(b) is intended to be used only in connection with the use or maintenance of the main, sewer or other pipe or of another accessory for it;
"analyse", in relation to any sample of land, water or effluent, includes subjecting the sample to a test of any description; "the Appeals Commission" means the Water Appeals Commission for Northern Ireland; "the Authority" means the Northern Ireland Authority for Utility Regulation; "consumers" includes both existing consumers and future consumers; "contravention" includes a failure to comply; "the Council" means the General Consumer Council for Northern Ireland; "customer or potential customer", in relation to a company holding an appointment under Chapter I of Part III, means— (a) any person for or to whom that company provides any services in the course of carrying out the functions of a water undertaker or sewerage undertaker; or
(b) any person who might become such a person on making an application for the purpose to the company;
"DARD" means the Department of Agriculture and Rural Development; "damage", in relation to individuals, includes death and any personal injury, including any disease or impairment of physical or mental condition; "DCAL" means the Department of Culture, Arts and Leisure; "the Department" means the Department for Regional Development; (a) in relation to land, includes the creation of any estate in the land and a disposal effected by means of the surrender or other termination of any such estate; and
(b) in relation to sewage, includes treatment;
"disposal main" means (subject to paragraph (3)) any outfall pipe or other pipe which— (a) is a pipe for the conveyance of effluent to or from any waste water treatment works, whether of a sewerage undertaker or of any other person; and
(b) is not a public sewer;
"DFP" means the Department of Finance and Personnel; "DHSSPS" means the Department of Health, Social Services and Public Safety; "DOE" means the Department of the Environment; "domestic purposes", in relation to a supply of water, shall be construed in accordance with paragraphs (4) to (6); "drain" means (subject to paragraph (3)) a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage; "the Drainage Order" means the Drainage (Northern Ireland) Order 1973 (NI 1); "effluent" means any liquid, including particles of matter and other substances in suspension in the liquid; "the Energy Order" means the Energy (Northern Ireland) Order 2003 (NI 6); "engineering or building operations", without prejudice to the generality of that expression, includes— (a) the construction, alteration, improvement, maintenance or demolition of any building or structure or of any reservoir, watercourse, dam, weir, well, borehole or other works; and
(b) the installation, modification or removal of any machinery or apparatus;
"the Enterprise Act" means the Enterprise Act 2002 (c.40); "functions", in relation to a relevant undertaker, means the functions of the undertaker under any statutory provision and shall be construed subject to Article 304; "harbour authority" means a person who is a harbour authority within the meaning of Chapter II of Part VI of the Merchant Shipping Act 1995 (c.21) and is not a navigation authority; "house" means any building or part of a building which is occupied as a dwelling-house, whether or not a private dwelling-house, or which, if unoccupied, is likely to be so occupied; "information" includes anything contained in any records, accounts, estimates or returns; (a) any river, stream or other watercourse whether natural or artificial and whether tidal or not;
(b) any lough, lake or pond, whether artificial or not or any reservoir or dock; and
(c) so much of any channel, creek, bay, estuary or arm of the sea as does not fall within sub-paragraph (a) or (b);
(a) so much of that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate as is located or is to be located in, under or over a road; or
(b) (if different and the context so requires) the part of a drain identified in a declaration of vesting made under Article 159 or in an agreement made under Article 161;
"limited company" means a company within the meaning of the Companies (Northern Ireland) Order 1986 (NI 6) which is limited by shares; "local statutory provision" means a statutory provision which has effect only with respect to a particular area or to particular persons or works; "meter" means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises; "micro-organism" includes any microscopic biological entity which is capable of replication; "modifications" includes additions, omissions, amendments and substitutions; "navigation authority" means any person who has a duty or power under any statutory provision to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock; "notice" means notice in writing; "owner", in relation to any premises, means the person who— (a) is for the time being receiving the rack-rent of the premises, whether on his own account or as agent or trustee for another person; or
(b) would receive the rack-rent if the premises were let at a rack-rent;
"the OFT" means the Office of Fair Trading; "prescribed" means prescribed by regulations; "protected land", in relation to a company holding an appointment under Chapter I of Part III, means any land which— (a) was transferred to that company in accordance with a scheme under Article 270;
(b) is or has at any time on or after the transfer date been held by that company for purposes connected with the carrying out of its functions as a water undertaker or sewerage undertaker; or
(c) has been transferred to that company in accordance with a scheme under Schedule 1 from another company in relation to which that land was protected land when the other company held an appointment under that Chapter;
"public authority" means any Northern Ireland department or department of the government of the United Kingdom, any Minister of the Crown, any district council or any person certified by the Department to be a public authority for the purposes of this Order; "public sewer" means (subject to Article 163(2)) a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Article 270 or Schedule 1 or under Article 241 or otherwise, and "private sewer" shall be construed accordingly; "railway undertaking" has the same meaning as in the Transport Act (Northern Ireland) 1967 (c.37); "records" includes computer records and any other records kept otherwise than in a document; "the relevant sewerage provisions" means the following provisions of this Order— (a) Chapters II and III of Part VI (except so much of Chapter III of that Part as provides for regulations under Article 197 or has effect by virtue of any such regulations);
(b) Articles 221, 232, 233(4), 236, 240, 246, 250, 255 and 262; and
(c) the other provisions of this Order so far as they have effect for the purposes of any provision falling within head (a) or (b) of this definition;
"relevant undertaker" means a water undertaker or a sewerage undertaker; "resource main" means (subject to paragraph (3)) any pipe, not being a trunk main, which is or is to be used for the purpose of— (a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply; or
(b) giving or taking a supply of water in bulk;
"road" has the same meaning as in the Roads (Northern Ireland) Order 1993 (NI 15); "service pipe" means (subject to paragraph (3) and to Article 90(3)) so much of a pipe which is, or is to be, connected with a water main for supplying water from that main to any premises as— (a) is or is to be subject to water pressure from that main; or
(b) would be so subject but for the closing of some valve,
and includes part of any service pipe;
"services" includes facilities; "sewer" includes (without prejudice to paragraph (3)) all sewers and drains (not being drains within the meaning given by this paragraph) which are used for the drainage of buildings and yards appurtenant to buildings; "sewerage services" includes the disposal of sewage and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions; "special administration order" has the meaning given by Article 41; "statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 and includes any provision of this Order; "stopcock" includes any box or pit in which a stopcock is enclosed and the cover to any such box or pit; "street" has the same meaning as in the Street Works (Northern Ireland) Order 1995 (NI 19); "substance" 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; "supply of water in bulk" means a supply of water for distribution by a water undertaker taking the supply; "surface water" includes water from roofs; "the transfer date" has the meaning assigned to it by Article 270(2); "trunk main" means a water main which is or is to be used by a water undertaker for the purpose of— (a) conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir; or
(b) conveying water in bulk, whether in the course of taking a supply of water in bulk or otherwise, between different places outside the area of the undertaker, from such a place to any part of that area or from one part of that area to another part of that area;
"underground strata" has the same meaning as in the Water Order; "vessel" has the same meaning as in the Water Order; "waste water treatment works" means any works, apparatus or plant used for the disposal of sewage; "watercourse" has the same meaning as in the Drainage Order; "water and sewerage functions", in relation to the Authority, has the meaning given by Article 3(2); "water main" means (subject to paragraph (3)) any pipe, not being a pipe for the time being vested in a person other than the undertaker, which is used or to be used by a water undertaker for the purpose of making a general supply of water available to customers or potential customers of the undertaker, as distinct from for the purpose of providing a supply to particular customers; "the Water Order" means the Water (Northern Ireland) Order 1999 (NI 6). (3) In this Order—
(a) 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
(b) references to any waste water treatment works shall include references to the machinery and equipment of those works and any necessary pumping stations and outfall pipes;
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.
(4) Subject to paragraphs (5) and (6), in this Order references to domestic purposes, in relation to a supply of water to any premises or in relation to any cognate expression, are references to the drinking, washing, cooking, central heating and sanitary purposes for which water supplied to those premises may be used.
(5) Where the whole or any part of the premises are or are to be occupied as a house, those purposes shall be taken to include—
(a) the purposes of a profession carried on in that house or, where—
(i) that house and another part of the premises are occupied together; and
(ii) the house comprises the greater part of what is so occupied,
in that other part; and
(b) such purposes outside the house (including the washing of vehicles and the watering of gardens) as are connected with the occupation of the house and may be satisfied by a supply of water drawn from a tap inside the house and without the use of a hosepipe or similar apparatus.
(6) No such reference to domestic purposes shall be taken to include a reference—
(a) to the purposes of the business of a laundry; or
(b) to any purpose of a business of preparing food or drink for consumption otherwise than on the premises.
(7) Nothing in Part IV or VI by virtue of which a relevant undertaker owes a duty to any particular person to lay any water main, resource main or service pipe or any sewer, lateral drain, disposal main or discharge pipe shall be construed—
(a) as conferring any power in addition to the powers conferred apart from those Parts; or
(b) as requiring the undertaker to carry out any works which it has no power to carry out.
(8) References in this Order to the fixing of charges in relation to any premises by reference to volume are references to the fixing of those charges by reference to the volume of water supplied to those premises, to the volume of effluent discharged from those premises, to both of those factors or to one or both of those factors taken together with other factors.
(9) In this Order references to the supply system of a water undertaker are to the water mains and other pipes which it is the undertaker's duty to develop and maintain by virtue of Article 65.
(10) For the purposes of any provision of this Order by or under which power is or may be conferred on any person to recover the expenses incurred by that person in doing anything, those expenses shall be assumed to include such sum as may be reasonable in respect of establishment charges or overheads.
(11) References in this Order to the later or latest of two or more different times or days are, in a case where those times or days coincide, references to the time at which or, as the case may be, the day on which they coincide.
(12) For the purposes of this Order any property of the Northern Ireland Transport Holding Company which is used by a railway undertaking for the purposes of its undertaking shall be treated as property of that railway undertaking.
(13) Section 24(1) of the Interpretation Act (Northern Ireland) 1954 (c.33) (service of documents) shall have effect in relation to the service of any document required or authorised by virtue of this Order to be served on any person with the omission of the word "registering".
(14) The Department may by order provide that references in this Order, or in any statutory provision amended by this Order, to assets of, or belonging to, or vested in, a relevant undertaker are to be read as including references to assets controlled, operated or used by the undertaker for the purposes of its functions as such.
PART IIREGULATORY AUTHORITIES AND GENERAL DUTIESThe Northern Ireland Authority for Utility RegulationThe Authority 3.—(1) The body corporate established by Article 3 of the Energy Order as the Northern Ireland Authority for Energy Regulation shall hereafter be known as the Northern Ireland Authority for Utility Regulation. (2) In addition to the functions referred to in paragraph (1) of that Article, the Authority shall carry out the functions conferred or imposed on it by or under this Order (referred to in this Order as the "water and sewerage functions" of the Authority). (3) In Schedule 1 to the Energy Order for paragraph 1 (membership of the Authority) substitute— "1.—(1) The Authority shall consist of—
(a) a chairman; and
(b) not fewer than three other members,
appointed by the Department of Finance and Personnel.
(2) The Department of Finance and Personnel shall consult the chairman before appointing any other member.".
(4) In that Schedule for "the Department" in every other place where it occurs substitute "the Department of Finance and Personnel".
Forward work programme of the Authority
4.—(1) The Authority shall, before each financial year, publish a document (the "forward work programme") containing a general description of the projects which it plans to undertake during the year in the exercise of its functions under this Order (other than projects comprising routine activities in the exercise of those functions).
(2) That description shall include the objectives of each project.
(3) The forward work programme for any year shall also include an estimate of the overall expenditure which the Authority expects to incur during the year in the exercise of its functions under this Order.
(4) The forward work programme prepared under this Article may, if the Authority so decides, be combined in a single programme with the forward work programme of the Authority prepared under Article 5 of the Energy Order.
(5) Before publishing the forward work programme for any year (other than one which is combined as mentioned in paragraph (4)), the Authority shall give notice—
(a) containing a draft of the forward work programme; and
(b) specifying the time within which representations or objections to the proposals contained in it may be made,
and shall consider any representations or objections which are duly made and not withdrawn.
(6) The notice under paragraph (5) shall be published by the Authority in such manner as it considers appropriate for the purpose of bringing the matters contained in it to the attention of persons likely to be affected by them.
(7) The Authority shall send a copy of any notice given by it under paragraph (5) to the Council and the Department.
Annual report of the Authority
5.—(1) The Authority shall, as soon as practicable after the end of each financial year, make to the Department a report (the "annual report" for that year) on—
(a) its activities during that year in the exercise of its functions under this Order; and
(b) the activities of the Competition Commission during that year in respect of any references made by the Authority under this Order.
(2) The annual report for each year shall include—
(a) a general survey of developments in respect of matters falling within the scope of the Authority's functions under this Order;
(b) a report on the progress of the projects described in the forward work programme for that year prepared under Article 4;
(c) a summary of final and provisional orders made, and penalties imposed, by the Authority under Part III during the year; and
(d) a report on such other matters as the Department may from time to time require.
(3) The annual report for each year shall set out any general directions given by the Department under Article 60(3).
(4) The Department shall consult the Authority before exercising the power under paragraph (2)(d) in relation to any matter.
(5) The annual report prepared under this Article may, if the Authority so decides, be combined in a single report with the annual report of the Authority prepared under Article 6 of the Energy Order.
(6) Where the annual report prepared under this Article is not so combined, the Department shall—
(a) lay a copy of the report before the Assembly; and
(b) arrange for the report to be published in such manner as the Department considers appropriate.
(7) The Authority may also—
(a) prepare other reports with respect to any matter falling within the scope of its functions under this Order; and
(b) arrange for any such report to be published in such manner as it considers appropriate.
(8) The Authority shall send—
(a) a copy of each annual report published under paragraph (6)(b) to the Council; and
(b) a copy of each report under paragraph (7) to the Department and the Council.
(9) In making or preparing any report under this Article the Authority shall have regard to the need for excluding, so far as that is practicable, any matter which relates to the affairs of a particular individual or body of persons (corporate or unincorporate), where publication of that matter would or might, in the opinion of the Authority, seriously and prejudicially affect the interests of that individual or body.
General dutiesGeneral duties with respect to water industry 6.—(1) This Article shall have effect for imposing duties on the Department and the Authority as to when and how they should carry out the following functions— (a) in the case of the Department, its functions under the provisions of this Order relating to the regulation of relevant undertakers; and
(b) in the case of the Authority, its functions under the provisions of this Order relating to—
(i) the regulation of relevant undertakers;
(ii) the financial conditions of requisitions; or
(iii) the movement of certain pipes.
(2) The Department or, as the case may be, the Authority shall carry out the functions mentioned in paragraph (1) in the manner that it considers is best calculated—
(a) to protect the interests of consumers in relation to the supply of water by water undertakers and the provision of sewerage services by sewerage undertakers, wherever appropriate by facilitating effective competition between persons engaged in, or in commercial activities connected with, the supply of water and the provision of sewerage services;
(b) to secure that the functions of a water undertaker and of a sewerage undertaker are properly carried out as respects every area of Northern Ireland; and
(c) to secure that companies holding appointments under Chapter I of Part III as relevant undertakers are able (in particular, by securing reasonable returns on their capital) to finance the proper carrying out of the functions of such undertakers.
(3) For the purposes of paragraph (2)(a) the Department or, as the case may be, the Authority shall have regard to the interests of—
(a) individuals who are disabled or chronically sick;
(b) individuals of pensionable age;
(c) individuals with low incomes; and
(d) individuals residing in rural areas,
but that is not to be taken as implying that regard may not be had to the interests of other descriptions of consumer.
(4) The Department and the Authority may, in carrying out any of the functions mentioned in paragraph (1), have regard to—
(a) any interests of consumers in relation to electricity supplied by authorised suppliers (within the meaning of the Energy Order);
(b) any interests of consumers in relation to gas supplied by authorised suppliers (within the meaning of that Order);
(c) any interests of consumers in relation to communications services and electronic communications apparatus (within the meaning of the Communications Act 2003 (c.21),
which are affected by the carrying out of that function.
(5) Subject to paragraph (2), the Department or, as the case may be, the Authority shall carry out the functions mentioned in paragraph (1) in the manner that it considers is best calculated—
(6) In carrying out any of the functions mentioned in paragraph (1) in accordance with the preceding provisions of this Article, the Department and the Authority shall have regard to the principles of best regulatory practice (including the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed).
(7) In this Article the references to water and sewerage charges are references to—
(a) any charges in respect of any services provided in the course of the carrying out of the functions of a relevant undertaker; and
(b) amounts of any other description which such an undertaker is authorised by or under any statutory provision to require any of its customers or potential customers to pay.
(8) For the purposes of this Article—
(a) subject to paragraph (9), the reference in paragraph (1) to the provisions of this Order relating to the regulation of relevant undertakers is a reference to the provisions contained in Part III (except Article 45), or in any of Articles 66, 69 to 73, 150, 152, 214, 243, 244, 253, 254 and 259 to 261;
(b) the reference in that paragraph to the provisions relating to the financial conditions of requisitions is a reference to the provisions contained in Articles 77, 83, 88 and 155; and
(c) the reference in that paragraph to the provisions relating to the movement of certain pipes is a reference to the provisions of Article 247.
(9) Paragraphs (2) to (6) do not apply in relation to anything done by the Authority in the exercise of functions assigned to it by Article 29(3) (Competition Act functions).
(10) The Authority may nevertheless when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of paragraphs (2) to (6) if it is a matter to which the OFT could have regard when exercising that function.
(11) The duties imposed by paragraphs (2) to (6) do not affect the obligation of the Department or, as the case may be, the Authority to perform or comply with any other duty or requirement (whether arising under this Order or another statutory provision, by virtue of any Community obligation or otherwise).
Guidance on social and environmental matters
7.—(1) The Department may from time to time issue guidance about the making by the Authority in the exercise of its water and sewerage functions of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.
(2) In formulating guidance, the Department shall, where practicable, have regard to the costs and benefits which may be expected to result from the guidance.
(3) The Authority shall, in exercising and performing the functions mentioned in Article 6(1)(subject to Article 6(6)), have regard to any guidance issued under this Article.
(4) Before issuing guidance under this Article the Department shall consult—
(a) the Authority;
(b) the Council;
(c) relevant undertakers;
(d) DOE; and
(e) such other persons, if any, as the Department considers it appropriate to consult in relation to the guidance.
(5) A draft of any guidance proposed to be issued by the Department under this Article shall be laid before the Assembly.
(6) Guidance shall not be issued by the Department under this Article until after the statutory period beginning with the day on which the draft is laid before the Assembly.
(7) If, before the end of that period, the Assembly resolves that the guidance should not be issued, the Department shall not issue it.
(8) The Department shall arrange for any guidance issued by it under this Article to be published in such manner as it considers appropriate.
General environmental and recreational duties
8.—(1) It shall be the duty of each of the following—
(a) a Northern Ireland department;
(b) the Authority; and
(c) every company holding an appointment as a relevant undertaker,
in formulating or considering any proposals relating to any functions of a relevant undertaker (including, in the case of such a company, any functions which, by virtue of that appointment, are functions of the company itself) to comply with the requirements imposed in relation to the proposals by paragraphs (2) and (3).
(2) The requirements imposed by this paragraph in relation to any such proposals as are mentioned in paragraph (1) are—
(a) a requirement, so far as may be consistent—
(i) with the purposes of any statutory provision relating to the functions of the undertaker; and
(ii) in the case of the Department and the Authority, with their duties under Article 6,
so to exercise any power conferred with respect to the proposals on the body subject to the requirement as to further the conservation and enhancement of natural beauty and the conservation of flora, fauna and geological or physiographical features of special interest and, in the case of the exercise of such a power by a company holding an appointment as a relevant undertaker, as to further water conservation;
(b) a requirement to have regard to the desirability of protecting and conserving buildings, sites and objects of archaeological, architectural or historic interest; and
(c) a requirement to take into account any effect which the proposals would have on the beauty or amenity of any rural or urban area or on any such flora, fauna, features, buildings, sites or objects.
(3) The requirements imposed by this paragraph in relation to any such proposals as are mentioned in paragraph (1) are, subject to the requirements imposed by paragraph (2)—
(a) a requirement to have regard to the desirability of preserving for the public any freedom of access to areas of woodland, mountains, cliff or foreshore and other places of natural beauty;
(b) a requirement to have regard to the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest; and
(c) a requirement to take into account any effect which the proposals would have on any such freedom of access or on the availability of any such facility.
(4) Paragraphs (1) to (3) shall apply so as to impose duties on the Authority and any company holding an appointment as a relevant undertaker in relation to any proposal relating to the functions of the Department, DOE or DARD as they apply in relation to any proposals relating to the functions of such an undertaker; and for the purposes of this paragraph the reference in paragraph (2)(a) to the functions of the undertaker shall have effect as a reference to the functions of the department in question.
(5) It shall be the duty of every company holding an appointment as a relevant undertaker to take such steps as are—
(a) reasonably practicable; and
(b) consistent with the purposes of the statutory provisions relating to the functions of the undertaker in question,
for securing, so long as that company has rights to the use of water or land associated with water, that those rights are exercised so as to ensure that the water or land is made available for recreational purposes and is so made available in the best manner.
(6) It shall be the duty of a company holding an appointment as a relevant undertaker, in determining what steps to take in performance of any duty imposed by virtue of paragraph (5), to take into account the needs of persons who are chronically sick or disabled.
(7) The obligations under this Article of a company holding an appointment as a relevant undertaker shall be enforceable under Article 30 by the Department.
(8) Nothing in this Article or the following provisions of this Order shall require recreational facilities made available by a relevant undertaker to be made available free of charge.
(9) References in this Article to the functions of a relevant undertaker shall be construed, without prejudice to Article 217(7), as if those functions included the management, by a company holding an appointment as such an undertaker, of any land for the time being held by that company for any purpose whatever (whether or not connected with the carrying out of the functions of a relevant undertaker).
(10) In this Article "building" includes structure.
Environmental duties with respect to areas of special interest
9.—(1) Where DOE is of the opinion that any area of land—
(a) is of special interest by reason of its flora, fauna or geological or physiographical features; and
(b) may at any time be affected by schemes, works, operations or activities of a relevant undertaker,
DOE shall notify the fact that the land is of special interest for that reason to every relevant undertaker whose works, operations or activities may affect the land.
(2) Where a relevant undertaker has received a notification under paragraph (1) with respect to any land, that undertaker shall consult DOE before carrying out any works, operations or activities which appear to that undertaker to be likely to destroy or damage any of the flora, fauna, or geological or physiographical features by reason of which the land is of special interest.
(3) Paragraph (2) shall not apply in relation to anything done in an emergency where particulars of what is done and of the emergency are notified to DOE as soon as practicable after that thing is done.
(4) The obligations under this Article of a relevant undertaker shall be enforceable under Article 30 by the Department.
(5) Article 8(9) shall apply, as it applies in relation to that Article, for construing (in accordance with Article 13) any references in this Article to a relevant undertaker.
Codes of practice with respect to environmental and recreational duties
10.—(1) The Department may by order approve any code of practice issued (whether by it or by another person) for the purpose of—
(a) giving practical guidance to relevant undertakers with respect to any of the matters for the purposes of which Articles 8 and 9 have effect; and
(b) promoting what appear to it to be desirable practices by such undertakers with respect to those matters,
and may at any time by such an order approve a modification of such a code or withdraw its approval of such a code or modification.
(2) A contravention of a code of practice as for the time being approved under this Article shall not of itself constitute a contravention of any requirement imposed by Article 8 or 9 or give rise to any criminal or civil liability.
(3) But the Department, the other relevant Northern Ireland departments and any other public authority shall each be under a duty to take into account whether there has been or is likely to be any such contravention in determining when and how it should exercise its powers in relation to any relevant undertaker by virtue of this Order or any other statutory provision.
(4) An order under this Article shall be subject to negative resolution.
(5) The Department shall not make an order under this Article unless it has first consulted—
(a) the other relevant Northern Ireland departments;
(b) the Sports Council for Northern Ireland; and
(c) such relevant undertakers and other persons as the Department considers it appropriate to consult.
(6) In this Article "the other relevant Northern Ireland departments" means—
(a) DARD;
(b) DCAL; and
(c) DOE.
Co-operation between water regulators
11.—(1) This Article imposes duties on each of the following—
(a) the Department;
(b) DOE; and
(c) the Authority.
(2) It is the duty of each of those mentioned in paragraph (1) to make arrangements with each of the others with a view to promoting in the case of each pair of them—
(a) co-operation and the exchange of information between them; and
(b) consistency of treatment of matters which affect both of them.
(3) That duty relates only—
(a) in the case of the Authority and the Department, to their functions under this Order relating to the regulation of water and sewerage undertakers;
(b) in the case of DOE, to its functions under any statutory provision concerning water resources and water pollution so far as they relate to water and sewerage undertakers.
(4) As soon as practicable after agreement is reached on any arrangements required by this Article, the parties shall prepare a memorandum setting them out.
(5) The parties to any such arrangements shall keep them under review.
(6) As soon as practicable after agreement is reached on any changes to arrangements required by this Article, the parties shall revise their memorandum.
(7) Parties to arrangements required by this Article shall send a copy of their memorandum (and any revised memorandum) to the person mentioned in paragraph (1) who is not a party to the arrangements set out in it.
(8) The Department shall lay before the Assembly a copy of every memorandum (and revised memorandum) under this Article.
General duties with respect to the water industry
12.—(1) It shall be the duty of a body to which this Article applies in exercising any of its powers under any statutory provision to have particular regard to the duties imposed under Parts IV to VI on any relevant undertaker which appears to that body to be or to be likely to be affected by the exercise of the power in question.
(2) It shall also be the duty of such a body—
(a) in considering whether or not to exercise any of its powers under any statutory provision in relation to a relevant undertaker; or
(b) in deciding the manner in which to exercise any such power,
to take into account the likely costs and benefits of the exercise or non-exercise of the power or its exercise in the manner in question.
(3) Paragraph (2) does not apply to the extent that it is unreasonable for the body to comply with it in view of the nature or purpose of the power or in the circumstances of the particular case.
(4) Paragraph (2) does not affect a body's obligations to discharge any duties, comply with any requirements or pursue any objectives imposed upon or given to it otherwise than under that paragraph.
(5) This Article applies to—
(a) DOE;
(b) DARD;
(c) DCAL;
(d) any other body which the Department may prescribe.
PART IIIAPPOINTMENT AND REGULATION OF UNDERTAKERSCHAPTER IAPPOINTMENTSMaking of appointmentsAppointment of relevant undertakers 13.—(1) Subject to the following provisions of this Chapter, a company may be appointed— (a) by the Department; or
(b) with the consent of or in accordance with a general authorisation given by the Department, by the Authority,
to be the water undertaker or sewerage undertaker for any area.
(2) Without prejudice to the obligation of a company holding an appointment under this Chapter to comply with the conditions of its appointment, the appointment of a company to be the water undertaker or sewerage undertaker for any area shall have the effect, while the appointment remains in force—
(a) of requiring the company to perform any duty imposed by or under any statutory provision on an undertaker of the relevant description (that is to say, a water undertaker or, as the case may be, sewerage undertaker);
(b) of authorising the company, for the purposes of, or in connection with, the carrying out of any of the functions of an undertaker of the relevant description, to exercise any power conferred by or under any statutory provision on an undertaker of that description;
(c) of requiring statutory provisions authorising or requiring anything to be done in relation to an undertaker of the relevant description to be construed as authorising or requiring that thing to be done in relation to that company; and
(d) of requiring other references in any statutory provision to an undertaker of the relevant description, or to the area of that undertaker, to be construed, so far as necessary for the purposes of, or in connection with, the carrying out by that company of the functions of an undertaker of that description, as references to that company or, as the case may be, to that area.
(3) The appointment of a company to be a relevant undertaker shall be by service on the company of an instrument in writing containing the appointment and describing the area for which it is made.
(4) A single instrument may contain the appointment of a company to be the sewerage undertaker for an area and the appointment of the same company to be the water undertaker for the whole or any part of that area or for an area which includes the whole or any part of that area.
(5) A company shall not be appointed to be a water undertaker or a sewerage undertaker unless it is a limited company.
(6) As soon as practicable after making an appointment under this Chapter, the Department shall send a copy of the appointment to the Authority.
Continuity of appointments, replacement appointments, etc.
14.—(1) It shall be the duty of the Department to secure that such appointments are made under this Chapter as will ensure that for every area of Northern Ireland there is at all times both—
(a) a company holding an appointment under this Chapter as water undertaker; and
(b) whether or not the same company in relation to the whole or any part of that area, a company holding an appointment as sewerage undertaker.
(2) Subject to the following provisions of this Article—
(a) the Department; and
(b) with the consent of or in accordance with a general authorisation given by the Department, the Authority,
shall have power, by notice to a company holding an appointment under this Chapter, to terminate the appointment or to vary the area to which it relates.
(3) The appointment of a company to be a water undertaker or sewerage undertaker shall not be terminated or otherwise cease to relate to or to any part of any area except with effect from the coming into force of such appointments and variations replacing that company as a relevant undertaker as secure either—
(a) that another company becomes the water undertaker or, as the case may be, sewerage undertaker for that area or part or for an area that includes that area or part; or
(b) that two or more companies each become the water undertaker or, as the case may be, sewerage undertaker for one of a number of different areas that together constitute or include that area or part.
(4) An appointment or variation replacing a company as a relevant undertaker shall not be made in relation to the whole or any part of the area to which that company's appointment as water undertaker or, as the case may be, sewerage undertaker relates except where—
(a) that company consents to the appointment or variation;
(b) the appointment or variation relates only to parts of that area none of the premises in which is served by that company;
(c) the appointment or variation relates only to parts of that area and the conditions mentioned in paragraph (5) are satisfied in relation to each of the premises in those parts which are served by that company; or
(d) the appointment or variation is made in such circumstances as may be set out for the purposes of this paragraph in the conditions of that company's appointment.
(5) The conditions are that—
(a) the premises are, or are likely to be, supplied with not less than 100 megalitres of water in any period of 12 months; and
(b) the person who is the customer in relation to the premises consents in writing to the appointment or variation.
(6) The Department may, after consulting the Authority, make regulations amending paragraph (5)(a) by substituting, for the quantity of water for the time being specified there, such smaller quantity as the Department considers appropriate.
Procedure with respect to appointments and variations
15.—(1) An application for an appointment or variation replacing a company as a relevant undertaker shall be made in such manner as may be prescribed.
(2) Within 14 days after making an application under this Article, the applicant shall—
(a) serve notice of the application on the existing appointee and DOE; and
(b) publish a copy of the notice in such manner as may be prescribed.
(3) Before making an appointment or variation replacing a company as a relevant undertaker, the Department or the Authority shall give notice—
(a) stating that it proposes to make the appointment or variation;
(b) stating the reasons why it proposes to make the appointment or variation; and
(c) specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed appointment or variation may be made.
(4) A notice under paragraph (3) shall be given—
(a) by publishing the notice in such manner as the Department or, as the case may be, the Authority considers appropriate for bringing it to the attention of persons likely to be affected by the making of the proposed appointment or variation; and
(b) by serving a copy of the notice on the existing appointee and DOE.
(5) As soon as practicable after making an appointment or variation replacing a company as a relevant undertaker, the Department or the Authority shall—
(a) serve a copy of the appointment or variation on the existing appointee; and
(b) serve notice of the making of the appointment or variation on DOE.
(6) As soon as practicable after exercising any power to vary the area to which an appointment under this Chapter relates, the Department shall send a copy of the variation to the Authority.
(7) In this Article "the existing appointee", in relation t |
