The Water and Sewerage Services (Northern Ireland) Order 2006

Document Number:2006 No. 3336 (N.I. 21)

Statutory Instruments



14 th December 2006

Coming into operation in accordance with Article 1(2) to (4)

At the Court at Buckingham Palace, the 14 th day of December 2006


The Queen’s Most Excellent Majesty in Council

Whereas 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:—


Title 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 1 st 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.


  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—

    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

    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—

    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

    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;


    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

    in relation to sewage, includes treatment;

    “disposal main” means (subject to paragraph (3)) any outfall pipe or other pipe which—

    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

    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—

    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

    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;

    “inland waters” means—

    any river, stream or other watercourse whether natural or artificial and whether tidal or not;

    any lough, lake or pond, whether artificial or not or any reservoir or dock; and

    so much of any channel, creek, bay, estuary or arm of the sea as does not fall within sub-paragraph (a) or (b);

    “lateral drain” means—

    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

    (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—

    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

    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—

    was transferred to that company in accordance with a scheme under Article 270;

    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

    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—

    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);

    Articles 221 , 232 , 233(4) , 236 , 240 , 246 , 250 , 255 and 262; and

    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...

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