The Water and Sewerage Services (2006 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 2007

• (8) Paragraph (1) of Article 231 of the 2006 Order shall apply in relation to the power conferred by virtue of sub-paragraph (2) on a water undertaker as if it were such a power as is mentioned in sub-paragraph (a)(i) of that paragraph, and Article 232(1) of that Order shall apply in relation to the power conferred by virtue of sub-paragraph (2) on a sewerage undertaker as if it were a function under the relevant sewerage provisions, except that no notice shall be required for the purpose of paragraph 6 of Schedule 4 to, or any other provision of, that Order, in its application to the right of entry hereby conferred, in respect of any entry on the premises effected by the water undertaker or the sewerage undertaker pursuant to that right within the period of 6 days following the transfer date.

Adequacy of water and sewerage services to occupied premises

41

On the transfer date notices served under regulation 3 of the 1973 Regulations shall cease to have effect.

Modification of drainage facilities

42

• (1) Without prejudice to the generality of Part V of Schedule 2 to this Order (Works and Land), where before the transfer date the Department was carrying out any works under regulation 4 of the 1973 Regulations, the works shall be carried out by the sewerage undertaker on or after that date under Article 170 of the 2006 Order, and the requirement as to notice in paragraph (3) of that Article (or in any other provision of the 2006 Order) in relation to any such works shall be deemed to have been satisfied in relation to them.

• (2) Where anydispute has beenreferred to the Appeals Commission in accordance withparagraph (3) of regulation4of the 1973 Regulations in relation toparagraph (2) of that regulation, and thatdispute has not been determined before the transfer date, it shall be determined by the Appeals Commission on or after that date notwithstanding the revocation of that regulation.

• (3) Notwithstanding any repeal made by the 2006 Order, the provisions of Article 8 of the 1973 Order shall have effect for the purpose of an appeal determined by the Appeals Commission in accordance with this paragraph, but subject to the transfer effected by a scheme made under Article 270 of the 2006 Order.

• (4) In the application of Article 8 of the 1973 Order to an appeal in accordance with this paragraph, references to the Department shall be taken as references to the Authority.

Liability of certain owners and occupiers in relation to fittings

43

• (1) Without prejudice to section 28 of the Interpretation Act (Northern Ireland) 1954, the repeal by the 2006 Order of paragraph (1) of Article 19 of the 1973 Order shall not affect the liability of any person to maintain fittings supplied and installed by the Department before the transfer date in accordance with that paragraph, but subject to the transfer made in accordance with a scheme made under Article 270 of the 2006 Order.

• (2) Without prejudice to the generality of section 29(3) of the Interpretation Act (Northern Ireland) 1954, the Water Regulations (Northern Ireland) 1991 shall continue to have effect on and after the transfer, notwithstanding the repeal of Articles 40 and 57(2) and (3) of the 1973 Order by the 2006 Order, but subject to the transfer effected by a scheme made under Article 270 of the 2006 Order.

Saving for agreements

44

Without prejudice to the generality of section 28(2) or 29(3) of the Interpretation Act (Northern Ireland) 1954, notwithstanding any repeal by the 2006 Order, but subject to:

• (a) the other provisions of the 2006 Order; and

• (b) the foregoing provisions of this Order,

any agreement made under Article 10(1), 12(1), 13(4), 17(4), 32, 35(1), 37 or 54 of the 1973 Order to which the Department is a party, and which is effective immediately before the transfer date, shall continue to have effect on and after that date, but subject to the transfer effected in accordance with a scheme made under Article 270 of the 2006 Order.

PART VIII — INTERPRETATION

45

In this Schedule—

• (a) “the 1973 Regulations” means the Water and Sewerage Services Regulations (Northern Ireland) 1973 SI No. 344;

• (b) “the sewerage undertaker” means the successor company in its capacity as a sewerage undertaker;

• (c) “the successor company” has the meaning given by Article 269(1) of the 2006 Order; and

• (d) “the water undertaker” means the successor company in its capacity as a water undertaker.

Signed

Sealed with the Official Seal of the Department for Regional Development on 22nd March 2007

John Mills — A senior officer of the — Department for Regional Development

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order:

• (a) brings into operation the provisions of the Water and Sewerage Services (Northern Ireland) Order 2006 specified in Part I of Schedule 1;

• (b) brings into operation on 1 April 2007 the provisions of the Water and Sewerage Services (Northern Ireland) Order 2006 specified in Part II of Schedule 1; and

• (c) gives effect to the transitional, transitory and saving provisions in relation to the Water and Sewerage Services (Northern Ireland) Order 2006 that are specified in Schedule 2 as outlined below:

Paragraphs 1-5 outline how applications for various water or sewerage services (under Article 17 of the Water and Sewerage Services (Northern Ireland) Order 1973) that are outstanding immediately before the transfer date (1 April 2007) are to be processed. Paragraph 6 of Schedule 2 provides that any agreements for the provision or adoption of sewers, drains or wastewater treatment works made under the Water and Sewerage Services (Northern Ireland) Order 1973 that are in force immediately before the transfer date shall have effect on and after the transfer date as if they were made under the corresponding articles of the Water and Sewerage Services (Northern Ireland) Order 2006. Paragraph 7 outlines how any appeals or rights to appeal in respect of application for water or sewerage services under the Water and Sewerage Services (Northern Ireland) Order 1973 that are outstanding immediately before the transfer date are to be processed. Paragraph 8 provides interpretation of terms in paragraphs 1-5 of Schedule 2.

Paragraphs 9-12 outline provisions in relation to continuity of services with regard to non-domestic supplies (paragraph 9); domestic supplies and sewerage services (paragraph 10); and charging (paragraph 11). Paragraph 12 provides that any person lawfully entitled to use works before the transfer date shall continue to be so entitled on and after that date.

Paragraphs 13-15 outline provisions relating to trade effluent discharges including those authorised before 1973 (paragraph 13); those consented between 1973 and the Transfer Date (paragraph 14); and applications for consents that are in process at the Transfer Date (paragraph 15). Paragraph 16 outlines similar provisions with regard to trade effluent discharge agreements. Paragraph 17 provides information on appeal and interpretation of the transitional provisions related to trade effluent discharges.

Paragraphs 18-22 outline provisions relating to charges for services including amounts due to the Department (paragraph 18); trade effluent charges (paragraph 19); liability of owners / occupiers for charges (paragraph 20); notice of requirements to connect or disconnect a meter (paragraph 21); and disconnection for non-payment (paragraph 22).

Paragraphs 23-27 outline provisions relating to undertakers’ works and their powers in connection with land including giving notice of intention to execute works (paragraph 23); rights of entry (paragraph 24); complaints with respect to exercise of works powers on private land etc (paragraph 25); complaints by owners regarding obstruction of works by occupiers (paragraph 26); and compulsory acquisition of land (paragraph 27).

Paragraph 28 outlines a provision regarding the liability for pollution offences under the Water (Northern Ireland) Order 1999 in respect of discharges from waste water treatment works operated by a PPP contractor, pending the making of relevant regulations under Article 7B(5) of the Water (Northern Ireland) Order 1999. Paragraph 29 outlines transitional provision regarding discharge consents issued under the Water (Northern Ireland) Order 1999 in the light of amendments made to that Order by the Water and Sewerage Services (Northern Ireland) Order 2006. Paragraph 30 provides that amendments of the Water (Northern Ireland) Order 1999 in respect of the transfer of discharge consents shall not apply retrospectively.

Paragraphs 31-43 outline provisions relating to a range of miscellaneous issues including Prosecutions and other proceedings (paragraph 31); Saving for criminal liability of the Department (paragraph 32); Application of enactments (paragraph 33); Rights to use pipes etc. (paragraph 34); Supply by means of a separate service pipe (paragraph 35); Production of plans and furnishing of information (paragraph 36); Civil liability for escapes of water (paragraph 37); Protection for telegraph and telephone lines (paragraph 38); Private water supplies (paragraph 39); Proper maintenance of water and sewerage services (paragraph 40); Adequacy of water and sewerage services to occupied premises (paragraph 41); Modification of drainage facilities (paragraph 42); and Liability of certain owners and occupiers in relation to fittings (paragraph 43).

Paragraph 44 preserves agreements under various Articles of the Water and Sewerage Services (Northern Ireland) Order 1973 prior to transfer under the transfer scheme made in accordance with Article 270 of the Water and Sewerage Services (Northern Ireland) Order 2006.

Paragraph 45 provides interpretation of some terms used in Schedule 2.

Footnotes

[^f00001]: S.I. 2006/3336 (N.I. 21)

[^f00002]: S.I. 1973/70 (N.I. 2)

[^f00003]: S.I. 1999/662 (N.I. 6)