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WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - LONG
TITLE

[19th January 1973]4P ART I
[{3}section 22 of the Local Government Act (Northern Ireland) |1934];
<1970 c.7   which is approved by the Ministry under section 1(2) of the Lough Neagh Drainage (Amendment) Act (Northern Ireland) |1970; <1972 c.5   which is approved under regulations made under section 14 of the Water Act (Northern Ireland) 1972|. B >(4) Any person aggrieved by a proposal of the Ministry to impound
or abstract water may appeal to the Appeals Commission against the
proposal within twenty-eight days from the date on which the
Ministry informs him of the proposal under paragraph (2)( a ), ( b
) or ( c ) or public notice of it [{3}is given for the second
time]
under paragraph (2)(d), whichever happens first.

(5) Where the impounding or abstraction of water by the Ministry
reduces the flow of water in any waterway or reduces the amount of
water in underground strata the Ministry shall

(a)provide an adequate amount of compensation water; or

(b)pay compensation to any person who suffers loss or damage as a
result of the impounding or abstraction.

(6) In determining the amount of compensation water required under
paragraph (5)(a), regard shall be had

(a)to the character and flow of the waterway;

(b)to the extent to which the waterway or water is, or may be,
used for water supply, the disposal of effluent, fisheries, the
generation of power and navigation;

(c)to the value of the waterway or water for amenity, recreation
and nature conservation;

(d)to the interests of public health;

(e)to the rights of riparian owners and of owners of fishing
rights.

(7) Where the Ministry impounds or abstracts water under paragraph
(1) and provides compensation water under paragraph (5)(a), then if
there is any change in circumstances the amount of that compensation
water may be varied accordingly.

(8) Any dispute as to compensation or as to the amount or any
variation of the amount of compensation water required to be paid
or provided under this Article shall be referred to and determined
by the Lands Tribunal.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 12

12.(1) Subject to and in accordance with this Article, the Ministry
may, by agreement with the owner of private water supply or private
sewage treatment works, or failing such agreement, in pursuance of
proposals made by it under paragraph (2), take over the works.

(2) The Ministry may, by notice served on the owner of any works
mentioned in paragraph (1), intimate its proposals to take over the
works within such period, not being less than two months, as may
be specified in the notice, and on such conditions, including
compensation, as may be so specified.

(3) If an owner on whom a notice has been served under paragraph
(2) is aggrieved by the notice, he may, within the period specified
in the notice, appeal to the Appeals Commission.

(4) All works taken over by the Ministry under this Article shall
vest in it in accordance with the terms of any agreement made
under paragraph (1), or failing such agreement, at the end of the
period specified under paragraph (2) or on such date as may be
specified in a decision on an appeal under paragraph (3).

(5) Subject to this Order, a person who immediately before the
taking over of works under this Article was lawfully entitled to
use them shall continue to be so entitled after they have been so
taken over.

(6) An agreement under paragraph (1) or proposals under paragraph
(2) may relate

(a)to a part only of works;

(b)to any drain, pipe or sewer connecting with any works specified
in the agreement or proposals.

(7) The Ministry may adopt, subject to such conditions as it thinks
fit, any pipe or drain other than a pipe or drain which is within
the curtilage of a building and serves only that building.

(8) Any dispute as to the compensation payable in respect of any
works taken over in pursuance of proposals made by the Ministry
under paragraph (2) shall be referred to and determined by the
Lands Tribunal.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 13

13.(1) The Ministry may

(a)provide and maintain such works;

(b)perform such services;

(c)do such things;

(2) Before commencing construction of a sewer, or the laying of a
main, in, on or over any land not forming part of a road the
Ministry shall serve notice of its intention on the owner and the
occupier of the land concerned together with a description of the
proposed works.

(3) If within twenty-eight days after the service of a notice under
paragraph (2) the owner or the occupier of the land objects to the
proposed works, and the objection is not withdrawn, the Ministry
shall consider that objection and notify the objector of its
decision and may proceed to carry out the works specified in the
notice, with or without modifications.

(4) The Ministry may enter into agreements with other persons for
the execution or performance by them on behalf of the Ministry of
works or services under this Order and for the execution or
performance by the Ministry of works or services on behalf of those
persons.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 14

14.(1) Subject to paragraph (2), the Ministry may, if it thinks
fit, close (whether temporarily or otherwise), alter, replace or
remove any works vested in it for the purposes of this Order.

(2) Before any person who is lawfully using any facilities provided
under this Order is permanently deprived by the Ministry of that
use, the Ministry shall provide facilities equally effective for that
use and shall at its expense carry out any work which is
necessary.

(3) If any person who is lawfully using any facilities provided
under this Order is temporarily deprived by the Ministry of that
use, the Ministry shall make available to him such alternative
facilities as are practicable at reasonable cost.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 15

15. The Ministry, before commencing to execute repairs or other work
which will cause any material interference with the supply of water
or any use of sewerage facilities provided by it

(a)shall, except in a case of emergency, give to all persons likely
to be affected such notice as is reasonably practicable, and

(b)shall complete the work with all reasonable despatch.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 16

16. If on a complaint by the owner of any premises it appears to
the county court that the occupier of those premises is preventing
the owner from executing any work which he is required or
authorised to execute under this Order, the court may authorise the
owner to enter the premises and execute the work

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 17

17.(1) Where the owner or occupier of any premises desires

(a)to have his service pipe connected with a main vested in the
Ministry and to have a supply of water from the Ministry; or

(b)to have his drain connected with, and to discharge domestic
sewage and surface water into, a sewer or sewage disposal works
vested in the Ministry;

(2) The Ministry shall, within twenty-eight days from the date on
which it receives an application under paragraph (1), refuse its
consent or grant its consent unconditionally or subject to such
conditions (including conditions as to charges) as it thinks fit to
impose.

(3) Any person aggrieved by a decision of the Ministry under this
Article may appeal to the Appeals Commission within twenty-eight days
from the date of the Ministry's decision under paragraph (2).

(4) Any person who makes a connection mentioned in paragraph (1)
without the consent of the Ministry or in contravention of any
conditions attached to such a consent, shall be guilty of an
offence and liable on summary conviction to a fine not exceeding
#100.

(5) The Ministry may

(a)close, remove or remake any unlawful connections; and

(b)recover from the offender any expenses reasonably incurred by it
in so doing.

(6) Paragraphs (1) to (5) shall apply in relation to an alteration
of a connection as they apply in relation to the making of a
connection.

(7) Nothing in this Article applies to the discharge of any trade
effluent.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 18

18.(1) Where, whether before or after 1st October 1973, any service
pipe or drain from any premises has been or is lawfully connected
with a main or sewer, or any sewage disposal works, vested in the
Ministry or any predecessor in title of it, the owner or occupier
of the premises may take a sufficient supply of water for his
domestic purposes from that main or may drain domestic sewage and
surface water from his premises into the sewer or works.

(2) Nothing in this Article shall authorise the owner or occupier
of any premises

(a)to discharge domestic sewage into a sewer reserved for the
conveyance of surface water; or

(b)to discharge, without the approval of the Ministry, surface water
into a sewer reserved for the conveyance of domestic sewage.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 19

19.(1) Where the Ministry is satisfied that buildings are to be
constructed, it may enter into an agreement with the person
proposing to construct the buildings as respects the provision by
that person or by the Ministry of a supply of water, mains, pipes,
sewers or sewage treatment works to serve those buildings, and any
such agreement may specify the terms and conditions on which the
work is to be carried out, including provision as to charges and
as to the adoption by the Ministry of such works.

(2) Where a person proposing to erect buildings fails to reach
agreement with the Ministry under paragraph (1), he may appeal to
the Appeals Commission.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 20

20.(1) Subject to this Order, the occupier of any trade premises
may discharge into the sewers or sewage treatment works of the
Ministry any trade effluent from those premises.

(2) Any occupier of trade premises who discharges trade effluent
into the sewers or sewage treatment works of the Ministry without
the consent of the Ministry, where such consent is required, or
contrary to any direction given or condition imposed by virtue of
this Part, shall be guilty of an offence.

(3) A person guilty of an offence under paragraph (2) shall be
liable

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding #400;

(i)on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine, or to both;

(ii)on summary conviction, to the greater of a fine not exceeding
#400 or a fine not exceeding #40 for each day on which the
offence was so repeated or continued.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 21

21. In this Part "new discharge" means a discharge from trade
premises into the sewers or sewage treatment works of the Ministry
of trade effluent where the discharge

(a)has not previously been lawfully made into such sewers or works
or the sewers or works of a local authority;

(b)not being an existing discharge by virtue of Article 28 and
whether commenced before or after 1st October 1973, has become
substantially altered in nature or composition or whose temperature,
volume or rate of discharge has been substantially increased since
1st October 1973; or

(c)has been discontinued for a period of two years or more, the
whole or part of which period occurs after 1st October 1973, and
is thereafter resumed.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 22

22. Subject to Article 32, an occupier or prospective occupier of
trade premises who proposes to make a new discharge of trade
effluent from those premises into the sewers or sewage treatment
works of the Ministry shall obtain the consent of the Ministry to
the discharge, which shall be applied for in accordance with Article
23.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 23

23.(1) An application for the consent of the Ministry under Article
22 shall be made by serving a notice on the Ministry (in this
Part referred to as a "trade effluent notice").

(2) A trade effluent notice shall state so far as is reasonably
practicable

(a)the nature, composition and temperature of the effluent;

(b)the maximum quantity of the effluent which it is proposed to
discharge on any one day;

(c)the maximum hourly rate at which it is proposed to discharge the
effluent.

(3) Where the person applying for the consent of the Ministry is
not the owner of the premises, he shall, at the same time as
serving a trade effluent notice on the Ministry under paragraph (1),
send a copy of the notice to the owner of the premises and inform
him that he may make representations in respect of the application
to the Ministry within twenty-eight days of receipt of the copy.

(4) The Ministry before making a decision on an application shall
take into account any representations made in pursuance of paragraph
(3).

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 24

24.(1) The Ministry in its decision on an application under Article
22 shall, within three months from the date on which it receives
that application, refuse its consent or grant its consent either
unconditionally or subject to such conditions (including conditions as
to charges) as it thinks fit to impose.

(2) A consent granted under this Article, and (where such consent
is granted subject to any conditions) all or any of the conditions,
may be made to take effect as from a specified date or for a
specified period, or both as from a specified date and for a
specified period.

(3) Any decision of the Ministry under this Article shall continue
to be effective notwithstanding that there has been a change of
ownership or occupancy of the premises to which the decision
relates.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 25

25.(1) The Ministry shall intimate its decision under Article 24,
and the reasons therefor, to the owner and occupier or prospective
occupier of the trade premises in question.

(2) An intimation of a decision under this Article shall

(a)draw attention to the effect of Article 24(3);

(b)refer to the applicant's right of appeal against, and the power
of review of, the decision under this Part.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 26

26. Where an applicant for consent under Article 22 is aggrieved by
the decision of the Ministry under Article 24, he may appeal to
the Appeals Commission within twenty-eight days from the date on
which he receives an intimation of the decision.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 27

27.(1) The Ministry may review a decision made by it under Article
24 at intervals of not less than two years from the giving of the
decision or the last review of the decision or at any time on the
application of the person making the discharge in question.

(2) Before reviewing a decision under this Article the Ministry
shall intimate to the owner and occupier of the premises in
question that it proposes to do so, and its reason therefor, and
inform them that they may, within twenty-eight days of that
intimation, make representations to the Ministry in respect of the
proposal.

(3) Before reviewing a decision under this Article, the Ministry
shall take into acount any representations made to it under
paragraph (2).

(4) Where a decision is reviewed under this Article, the occupier
of the premises to which it relates may appeal to the Appeals
Commission against the review within twenty-eight days from the date
of the review.

(5) A review under this Article shall take effect from a date
specified therein but not earlier than three months after the date
of the review.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 28

28.(1) In this Part, "existing discharge" means a discharge of trade
effluent from trade premises into the sewers or sewage treatment
works of a local authority which was lawfully made within the
period of two years ending on 1st October 1973.

(2) Where before 1st October 1973 a local authority and the person
making the discharge have agreed that after that date the nature or
composition of the discharge may be altered or the temperature,
volume or rate of discharge may be increased, any discharge made in
accordance with such agreement shall be treated for the purposes of
this Part as an existing discharge.

(3) Any dispute between the Ministry and the person making the
discharge as to whether the discharge is an existing discharge shall
be determined by the county court whose decision in the matter
shall be final, except on a point of law.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 29

29. Subject to this Part, and except where the Ministry and the
person making the discharge otherwise agree, an existing discharge
shall be allowed to continue.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 30

30. The owner or occupier of premises from which an existing
discharge is being made shall, when requested in writing to do so
by the Ministry, furnish such information to the Ministry concerning
the discharge as an applicant for consent to a new discharge is
required to furnish in a trade effluent notice under Article 23(2),
and information concerning the period for which the discharge has
continued.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 31

31.(1) The Ministry may, and when requested by the person making
the discharge shall, review the making of an existing discharge and
may direct that any continuation of the discharge shall be either
unconditional or subject to such conditions (including conditions as
to charges) as it may think fit to impose.

(2) The Ministry may review a direction under paragraph (1) at
intervals of not less than two years from the direction or last
review of the direction or at any time on the application of the
person making the discharge in question.

(3) Before a direction is made under paragraph (1) or is reviewed
under paragraph (2), the Ministry shall intimate to the person
making the discharge in question that it proposes to do so, and
its reasons therefor, and inform him that he may, within
twenty-eight days of that intimation, make representations to the
Ministry in respect of the proposal.

(4) Before a direction is made under paragraph (1) or is reviewed
under paragraph (2), the Ministry shall take into account any
representations made to it under paragraph (3).

(5) Where a direction is made under paragraph (1) or is reviewed
under paragraph (2), the person making the discharge may appeal to
the Appeals Commission against that direction or review, within
twenty-eight days from the date of that direction or review.

(6) A direction made under paragraph (1) or reviewed under paragraph
(2) shall take effect from a date specified therein but not earlier
than three months after the date of that direction or review as
the case may be.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 32

32.(1) The Ministry may enter into an agreement with the owner or
occupier of any trade premises for the reception, treatment or
disposal by the Ministry of any trade effluent produced on those
premises.

(2) The reference in paragraph (1) to an agreement includes a
reference to an agreement varying or renewing an existing agreement,
whether that existing agreement was entered into before or after 1st
October 1973.

(3) Where the Ministry proposes to enter into an agreement under
this Article with an occupier who is not also the owner of trade
premises, the Ministry shall intimate the proposal to the owner who
may, within twenty-eight days of receipt of the intimation, make
representations in respect of the proposal.

(4) Before the Ministry and such an occupier as is mentioned in
paragraph (3) enter into an agreement under this Article, the
Ministry shall take into account any representations made by the
owner of the premises in question in pursuance of that paragraph.

(5) A discharge of trade effluent which is made in accordance with
an agreement under this Article

(a)shall not otherwise require the consent of the Ministry; and

(b)shall not be reviewed by the direction of the Ministry;

(6) If the parties to an agreement under this Article have failed
to renew the agreement, with or without variation, on or before the
date of its expiry, the Ministry may, and if requested by the
person making the discharge shall, review the making of the
discharge by direction; and Article 27(2) to (5) shall, with any
necessary modifications, apply to a direction under this paragraph.

(7) Until a direction has been made under paragraph (6) in respect
of an agreement, a discharge may continue to be made in accordance
with the agreement.

(8) Any reference in this Article to an occupier includes a
reference to a prospective occupier.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 33

33. The Ministry may, by order made subject to affirmative
resolution, provide that this Part shall apply in relation to liquid
or other matter of any description specified in the order which is
discharged from any premises into the sewers or sewage treatment
works of the Ministry as it applies in relation to trade effluent,
but subject to such modifications, if any, as may be specified in
the order, and in particular subject to any modification of the
definition of trade premises in this Order which may be so
specified.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 34

34.(1) If any person commits an act whereby any water belonging to
the Ministry or which the Ministry is authorised to take, is
polluted, he shall be guilty of an offence.

(2) Where a person is charged with an offence under this Article,
it shall be a defence to prove that he exercised all reasonable
care to prevent the act whereby the water in question was polluted.

(3) A person guilty of an offence under paragraph (1) shall be
liable on summary conviction to a fine not exceeding #400 and to a
further fine not exceeding #40 for every day during which the
offence is continued after conviction or, on conviction on
indictment, to a fine.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 35

35.(1) The Ministry may enter into an agreement with the Fire
Authority for Northern Ireland for the provision of adequate
facilities for making water available for the purpose of fighting
fires.

(2) The Ministry shall not make a charge for any water made
available by it to any person for the purpose of fighting fires.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 36

36.(1) Where the Ministry is satisfied that a serious deficiency of
supplies of water in any area exists or is threatened, it may,
subject to this Article, make an order

(a)enabling water to be taken from any specified source for a
period not exceeding six months;

(b)suspending or modifying for a period not exceeding six months

(i)any restriction governing the taking of water from any source;

(ii)any obligation governing the discharge of compensation water;

[(c)providing for the conveyance of water by any means specified in
the order;

(d)prohibiting or restricting the use of water for any purpose;

(e)prohibiting or restricting the means by which water is used for
any purpose].

[(1A) An order under paragraph (1)(c) may provide that Article 13(2)
and (3) shall not apply to any works carried out for the purposes
of the order.]

(2) Any person who suffers loss or damage as a result of an order
made under paragraph (1)(a) or (b) shall be entitled to compensation
from the Ministry.

(3) Any dispute as to the amount of compensation under paragraph
(2) shall be referred to and determined by the Lands Tribunal.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 37

37. The Ministry may agree to empty any septic tank, subject to
such conditions (including conditions as to charges) as it may think
fit.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 38

38. The Ministry

(a)shall be entitled to all sewage discharged into its sewers or
sewage treatment works and to the contents of any septic tank
emptied by it under Article 37; and

(b)may process, sell or otherwise dispose of such sewage or
contents.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 39

39.(1) Without prejudice to Part V, no person shall pass or permit
to be passed into, or into a drain connecting with, a sewer or
sewage treatment works of the Ministry any matter or substance
which, either alone or in combination with any matter or substance
with which it is likely to come into contact while passing through
any sewer or works, is likely to injure the sewer or works, or to
interfere with the free flow of their contents, or to affect
prejudicially the treatment or disposal of their contents or to be
prejudicial to health.

(2) Where a person is charged with an offence under this Article
it shall be a defence to prove that at the time he so passed or
permitted to be passed the matter or substance in question he did
not know, and could not reasonably be expected to know, that it
would be likely to have the effects mentioned in paragraph (1).

(3) A person who contravenes this Article shall be guilty of an
offence and liable

(a)on conviction on indictment, to a fine;

(b)on summary conviction to a fine not exceeding #400 and a further
fine not exceeding #40 for each day on which the offence continues
after conviction thereof.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 40

40.(1) The Ministry may make regulations with respect to the proper
provision and maintenance of water and sewerage services under this
Order.

(2) Without prejudice to the generality of paragraph (1), regulations
made under that paragraph may include provisions for

(a)the prevention of waste or of the misuse or contamination of
water supplied by the Ministry;

(b)the provision of adequate drains, sewers, sewage disposal
facilities, service pipes and water fittings for any premises;

(c)the protection against pollution of any water, whether on the
surface or underground, belonging to the Ministry or which the
Ministry is authorised to take.

(3) Where any instrument which is in force on 30th September 1973
made under a transferred provision relates to a matter with respect
to which regulations may be made under paragraph (1), the instrument
shall, until it is revoked under paragraph (1), have effect, with
any necessary modifications, as if it had been made under paragraph
(1).

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 41

41. Any person who, wilfully and without the consent of the
Ministry, alters or interferes with any works vested in the Ministry
for the purposes of this Order shall be guilty of an offence and
shall be liable on conviction on indictment to imprisonment for a
term not exceeding five years or to a fine or to both.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 42

42.(1) The Ministry may provide facilities for recreation on any
land vested in it for the purposes of this Order and may make
charges for the use of those facilities.

(2) The Ministry may make regulations as to the use, for
recreational purposes, of any such land or facilities on such land.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 43

43.(1) The Ministry may make regulations with respect to the
construction, inspection, maintenance and repair of reservoirs and
dams.

(2) Regulations under paragraph (1) shall be subject to affirmative
resolution.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 44

44.(1) The Ministry may

(a)on the request of any person, supply to him, by way either of
sale or hire, any water fittings; and

(b)on such request, install, repair or alter (but not manufacture)
any water fittings, whether supplied by it or not; and

(c)provide any materials and do any work required in connection with
such installation, repair or alteration of water fittings.

(2) The Ministry

(a)may make reasonable charges for any fitting supplied, or any
materials provided or work done, under this Article; and

(b)may recover those charges summarily as civil debts.

(3) If any fittings let for hire by the Ministry bear either a
distinguishing metal plate affixed thereto, or a distinguishing brand
or other mark conspicuously impressed or made thereon, sufficiently
indicating the Ministry as the actual owner of the fittings, those
fittings

(a)shall, notwithstanding that they are fixed to some part of the
premises in which they are situated or be laid in the soil
thereunder, continue to be the property of, and removable by, the
Ministry; and

(b)shall not be liable to be taken under [the Judgments Enforcement
(Northern Ireland) Order 1981] or in any proceedings in bankruptcy
against the persons in whose possession they may be;

(4) If any person wilfully or negligently injures or suffers to be
injured any water fitting belonging to the Ministry

(a)he shall be liable on summary conviction to a fine not exceeding
#100; and

(b)the Ministry

(i)may do all such work as is necessary for repairing any injury
done; and

(ii)may recover the expenses reasonably incurred by it in doing so
from the offender summarily as a civil debt.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 45

45. Any person who wilfully obstructs an authorised officer of the
Ministry in the execution of any functions under this Order shall
be guilty of an offence and liable on summary conviction to a fine
not exceeding #100.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 46

46.(1) The Ministry may, for the purpose of enabling it to perform
any of its functions under this Order, require the occupier or
owner of any premises to state in writing

(a)the nature of his own estate therein; and

(b)the name and address of any other person known to him as having
an estate therein, whether as owner, tenant, or otherwise.

(2) Any person who, having been required by the Ministry to give
information to it in pursuance of this Article, fails to give that
information, or knowingly makes any misstatement in respect thereof,
shall be guilty of an offence and liable on summary conviction to
a fine not exceeding #25.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 47

47.(1) The owners or occupier of any land on or under which is
situated any drain used or intended to be used for discharging any
sewage into a sewer or sewage treatment works of the Ministry or
pipe for connecting with any main of the Ministry shall, when
requested in writing so to do by the Ministry

(a)produce to the Ministry all such plans of the drain or pipe as
the owner or occupier, as the case may be, possesses or is able
without unreasonable expense to obtain, and allow copies of the
plans so produced by him to be made by, or under the direction
of, the Ministry, and

(b)furnish to the Ministry all such information as the owner or
occupier, as the case may be, can reasonably be expected to supply
with respect to the drain and any sewage discharged therefrom or
with respect to the pipe.

(2) A person who fails to comply with this Article shall be guilty
of an offence and liable on summary conviction to a fine not
exceeding #25.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 48

48.(1) The Ministry shall cause to be prepared, for inspection and
copying by any person at all reasonable hours free of charge, a
map showing and distinguishing so far as is reasonably practicable
all mains and sewers which are vested in the Ministry.

(2) Where some of the sewers vested in the Ministry are reserved
for foul water only or for surface water only, the map shall show
also the purposes which each such sewer is intended to serve.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 49

49. The Ministry may

(a)undertake, or contribute towards the cost of, investigations and
research relevant to the problems of water supplies, sewerage and
sewage treatment; and

(b)arrange for the publication of information on those problems.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 50

50.(1) Subject to this Article, an authorised officer of the
Ministry shall, on producing if so required some duly authenticated
document showing his authority, have a right to enter any land or
premises at all reasonable hours for the purpose of

(a)surveying land or boring or carrying out other works in order to
ascertain the suitability of the land for the execution of works
under this Order;

(b)inspecting, repairing, altering, renewing or removing any works
executed under this Order in or on the land;

(c)ascertaining whether there is or has been on or in connection
with the land or premises any contravention of this Order or of
any conditions imposed under it;

(d)ascertaining whether or not circumstances exist which would
authorise the Ministry to take any action or execute any work under
this Order;

(e)taking any action or executing any work authorised or required by
this Order to be taken or executed by the Ministry;

(f)inspecting any records and other documents and apparatus which the
Ministry may reasonably require to inspect for the purpose of
exercising any of its functions under this Order;

(g)taking away for analysis samples of sewage or any other matter
or substance which is passing from the premises into the sewers or
sewage treatment works of the Ministry;

[(h)taking away for analysis samples of water].

(2) Admission to any land with heavy equipment shall not, except in
a case of emergency, be demanded under paragraph (1) unless at
least seven days' notice of the intended entry has been given to
the occupier.

(3) A person carrying out an inspection of documents under paragraph
(1)(f) shall have a right to take copies or extracts from the
documents.

(4) Where notice of intended entry for a particular purpose has
been given as respects the first occasion on which the right of
entry is exercised, no further notice shall be required before
entering the land or premises on a subsequent occasion in connection
with that purpose.

(5) If it is shown to the satisfaction of a justice of the peace
on a sworn information in writing

(a)that admission to land or premises which any person is entitled
to enter by virtue of this Article has been refused to that
person, or that refusal is apprehended, or that the land or
premises are unoccupied, or the occupier is temporarily absent, or
that the case is one of urgency, or that the application for
admission would defeat the object of the entry, and

(b)that there is reasonable ground for entry to the land or
premises for any purpose for which entry is required,

(6) Any person entitled to enter any land or premises, by virtue
of a right of entry or of a warrant issued under this Article

(a)may take with him such other persons and such equipment as may
be necessary; and

(b)on leaving any unoccupied land or premises which he has entered
by virtue of such a warrant shall leave them as effectually secured
against trespassers as he found them.

(7) Every warrant granted under this Article shall continue in force
until the purpose for which the entry is necessary has been
satisfied.

(8) A person who wilfully obstructs any person upon whom a right
of entry has been conferred by this Article or by a warrant issued
thereunder shall be guilty of an offence and liable on summary
conviction to a fine not exceeding #100.

(9) Where work has been carried out on land in pursuance of this
Article the Ministry shall, as soon as possible, reinstate the land.

(10) In determining whether an hour is a reasonable one for the
purposes of paragraph (1), regard shall be had to whether there is
an emergency or not.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 51

51.(1) The result of any analysis of a sample taken under Article
50 [(other than a sample taken under paragraph (1)(h) of that
Article)] shall not be admissible as evidence in any legal
proceedings in respect of any sewage, matter or substance discharged
from any premises or of any water in, on or under any land unless
the person taking the sample

(a)takes all reasonable steps to notify to the occupier of the
premises or land his intention to have it analysed; and

(b)there and then divides the sample into three parts and causes
each part to be placed in a container which is sealed and marked;
and

(c)takes all reasonable steps to deliver one part to the occupier
of the premises or land, retains one part for future comparison,
and has one part analysed by a competent person.

(2) In this Article any reference to an analysis includes a
reference to any test of whatever kind.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 52

52. If any person who, under Article 50 is admitted to any
factory, workshop or workplace discloses to any person any
information obtained by him there with regard to any manufacturing
process or trade secret, he shall, unless the disclosure is made in
the performance of his duty, be guilty of an offence under this
Article and liable on summary conviction to a fine not exceeding
#100, or to imprisonment for a term not exceeding three months, or
to both.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 53

53.(1) The Ministry may charge the owners or occupiers of premises
connected with a main or sewer of the Ministry such sums as it
considers appropriate for the purpose of defraying the expenses of
the Ministry under this Order and the Water Act (Northern Ireland)
1972.

(2) Without prejudice to the generality of paragraph (1), sums
charged under that paragraph may be calculated by reference to

(a)the quantity of water consumed;

(b)the cost of treating and disposing of any trade effluent
discharged from the premises in question;

(c)the net annual value of the premises.

(3) The Ministry, with the approval of the Ministry of Finance, may
make such regulations as it considers necessary for the purpose of
levying charges under paragraph (1).

(4) Regulations made under paragraph (3) shall be subject to
affirmative resolution.

(5) Where a person fails to pay a sum recoverable under this
Article, the Ministry may disconnect the premises owned or occupied
by him from the mains or sewers of the Ministry.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 54

54. Where the Ministry has incurred expenses for the repayment of
which the owner of the premises in respect of which the expenses
were incurred is liable under this Order, or by agreement with the
Ministry, the Ministry may recover those expenses from him summarily
as a civil debt.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 55

55.(1) In executing any works under this Order, the Ministry shall

(a)cause as little detriment and inconvenience and do as little
damage as possible;

(b)make good, or pay compensation for, any damage caused by, or in
consequence of, the execution of the works.

(2) Subsections (2) to (6) of section 38 of the Mineral Development
Act (Northern Ireland) 1969 shall have effect for the purposes of
any claim for compensation under this Article as if, in those
subsections, any reference to that section, that Act or the Ministry
of Commerce were a reference to, respectively, this Article, this
Order or the Ministry.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 56

56.(1) Any expenses incurred by the Ministry under this Order shall
be defrayed either out of moneys hereafter appropriated for the
purposes of defraying such expenses or, if the Ministry of Finance
so directs, by means of sums charged on and issued out of the
Consolidated Fund.

(2) The Ministry of Finance may borrow moneys for the purpose of
providing money for issues out of the Consolidated Fund under
paragraph (1).

(3) Any moneys borrowed under paragraph (2) shall be repaid within
any period or periods not exceeding twenty-five years from the date
of borrowing, and provision for such payment may be made out of
moneys thereafter appropriated for that purpose.

(4) The aggregate of the sums charged on and issued out of the
Consolidated Fund under paragraph (1) in relation to expenses for
capital purposes shall not, unless and until Parliament otherwise
determines, exceed one hundred million pounds.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 57

57.(1) Unless the contrary is expressly provided, any regulations or
orders made under this Order by the Ministry, other than a vesting
order made under Article 10, shall be subject to negative
resolution.

(2) Regulations or orders may provide that persons contravening the
regulations or orders shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding an amount
specified in the regulations or orders.

(3) The amount which may be specified in regulations or orders as
mentioned in paragraph (2) shall not exceed #400.

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 58

58.(1) The Ministry shall take all reasonable precautions in
executing any works under this Order so as not injuriously to
affect, whether by induction or otherwise, the working of any wire
or line used for the purpose of telegraphic, telephonic or electric
signalling communication or electrical control of railways or the
currents in that wire or line.

(2) Any question arising under paragraph (1) as to whether the
working of a wire or line is or is not injuriously affected shall,
in default of agreement, be determined by arbitration.

(3) An arbitrator under paragraph (2) may direct the Ministry to
make any alterations in, or additions to, its works, so as to
comply with this Article.

(4) If the Ministry contravenes this Article, it shall make full
compensation to the owner for any loss or damage incurred by him
in consequence of the contravention.

Art.59 rep. by SLR 1980. Art.60(1), with Schedule 3, effects
amendments; paras. (2) (3), with Schedule 4, effect repeals

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 61

61. The administrative powers conferred by this Order on the
Ministry shall not be taken to authorise any matter or thing to be
done without the consent of the Secretary of State or the Board of
Trade and if the case so requires of the Crown Estate
Commissioners, where that consent is required to be obtained under
section 9(2) of the Northern Ireland (Miscellaneous Provisions) Act
1932.

1.(1) The Appeals Commission shall consist of the following persons
appointed by the Governor, that is to say a Chief Commissioner and
such number, if any, of other Commissioners as the Ministry and the
Ministry of Agriculture may, with the consent of the Ministry of
Finance, determine.

(2) A Commissioner shall not engage, whether directly or indirectly,
or be a partner of any person who engages, in a gainful
profession, occupation or business if to do so would in any way be
incompatible with his functions under this Order.

(3) There shall be paid to a Commissioner or in respect of his
service such remuneration and allowances and such pension, allowances
or benefits as the Ministry may determine with the approval of the
Ministry of Finance.

Sub-para.(4) rep. by 1975 c.25 s.5(2) sch.3

2.(1) The Ministry may appoint persons to assist the Appeals
Commission in the performance of its functions.

(2) There shall be paid to persons appointed under sub-paragraph (1)
such remuneration and allowances and to, or in respect of the
service of, those persons such pension, allowances or benefits as
the Ministry may determine with the approval of the Ministry of
Finance.

1. References to the Ministry or to the Council shall be construed
as references to the Ministry within the meaning of this Order.

2. References to Schedule 6 to the Local Government Act (Northern
Ireland) 1972 shall be construed as references to that Schedule as
modified by this Schedule.

3. Omit paragraph 1 of that Schedule.

4. In paragraph 2 of that Schedule

(a)omit the words "in such form and manner as the Ministry
directs";

(b)in sub-paragraph (c) for the words "as may be prescribed"
substitute the words "as the Ministry considers fit".

5. In paragraph 4 omit the words from "and may provide" onwards.

6. In paragraph 5

(a)in sub-paragraph (1)(a) omit the words "in the prescribed form
and manner";

(b)in sub-paragraph (1)(b) the two references to the said Act of
1972 shall be construed as references to this Order;

(c)in sub-paragraph (1)(d) omit the words "in the prescribed form";

(d)in sub-paragraph (2) for the words "as may be prescribed"
substitute the words "as the Ministry considers fit".

7. In paragraph 6(2) for the words "fund out of which the expenses
of the Council in acquiring the land are to be defrayed" substitute
the words "Consolidated Fund"and for the words "out of the
Compensation Fund" there shall be substituted the words "made by the
Ministry".

8. In paragraph 11(3) omit the words "in the prescribed form".

9. In paragraph 12

(a)in sub-paragraph (1) omit the words "such" and "as may be
prescribed";

(b)in sub-paragraph (2) for the words from "clerk" to "directs"
substitute the words "Ministry as correct, and publish".

10. In paragraph 14(1) omit the words "in the prescribed form".

11. In paragraph 15(1) for the words "in the prescribed form"
substitute the words "in such form as may be approved by the
Ministry".

12. Omit paragraph 19.

13. Omit paragraph 20(2).

Schedule 3Amendments. Schedule 4Repeals

1972 c.9