The Water and Sewerage Services (Northern Ireland) Order 2006
| Jurisdiction | UK Non-devolved |
2006 No. 3336 (N.I. 21)
NORTHERN IRELAND
The Water and Sewerage Services (Northern Ireland) Order 2006
14thDecember 2006
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. Title and commencement
2. Interpretation
PART II
REGULATORY AUTHORITIES AND GENERAL DUTIES
The Northern Ireland Authority for Utility Regulation3. The Authority
4. Forward work programme of the Authority
5. Annual report of the Authority
General duties6. 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 III
APPOINTMENT AND REGULATION OF UNDERTAKERS
CHAPTER I
Appointments
Making of appointments13. 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 appointment18. Power to impose conditions
19. Determinations under conditions of appointment
Modification of appointment conditions20. 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
Competition29. Functions of the Authority with respect to competition
CHAPTER II
Enforcement and Insolvency
Enforcement orders30. 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 penalties35. 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
39. Appeals
40. Recovery of penalties
Special administration orders41. 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 proceedings44. Restrictions on voluntary winding up and insolvency proceedings
CHAPTER III
Consumer 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
55. Consumer complaints
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 IV
Miscellaneous and Supplementary
Miscellaneous60. 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
Supplementary64. Interpretation of Part III
PART IV
WATER SUPPLY
CHAPTER I
General Duties of Water Undertakers
General water supply duties65. 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 plans70. 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 II
Supply Duties
Major supplies74. Bulk 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 connections79. 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 pipes86. 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 supplies91. The domestic supply duty
92. Conditions of compliance with domestic supply duty
93. Enforcement of domestic supply duty
Other supplies94. 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
Disconnections99. 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 devices103. Prohibition of use of limiting devices
Means of supply104. Supply by means of separate service pipes
105. Duties of undertakers as respects constancy and pressure
106. Requirements by undertaker for maintaining pressure
CHAPTER III
Quality and Sufficiency of Supply
Standards of wholesomeness107. Standards of wholesomeness
General obligations of water undertakers108. 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 supplies117. Functions of the Department where piped supplies insufficient or unwholesome
Private supplies118. 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
Enforcement124. Rights of entry
125. Assessors for the enforcement of water quality
CHAPTER IV
Fluoridation
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
132. Consultation
133. Indemnities in respect of fluoridation
134. Review of fluoridation
CHAPTER V
Supplemental Provisions of Part IV
135. Power to give effect to international agreements
136. Interpretation
PART V
USE OF WATER
CHAPTER I
Drought
Drought orders137. 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
Interpretation144. Interpretation of this Chapter
CHAPTER II
Promotion 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 VI
SEWERAGE SERVICES
CHAPTER I
General Functions of Sewerage Undertakers
Principal duties and standards of performance149. 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 II
Provision of Sewerage Services
Requisition of public sewer or lateral drain154. 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 requisition157. Further duty to provide sewers
158. Power to construct lateral drains following provision of public sewer
Adoption of sewers and waste water treatment works159. 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...
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