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

1Citation and interpretation

2Appointed days

3Transitional, transitory and saving provisions

PART IPROVISIONS COMING INTO OPERATION ON THE DATE OF THIS ORDER

PART IIPROVISIONS COMING INTO OPERATION ON THE 1ST APRIL 2007

SCHEDULE 2TRANSITIONAL, TRANSITORY AND SAVING PROVISIONS

PART IAPPLICATIONS FOR WATER OR SEWERAGE SERVICES

1(1) Any application made to the Department under Article 17(1)(a)...

Connection of a service pipe

2(1) Any application made to the Department under Article 17(1)(c)...

Water main requisitions

3(1) Any application made to the Department under Article 17(1)(d)...

Connection of a drain or private sewer and discharge of domestic sewage or surface water

4(1) Any application made to the Department under Article 17(1)(b)...

Sewer requisitions

5(1) Any application made to the Department under Article 17(1)(d)...

Agreements for the provision or adoption of works

6—Without prejudice to the transfer of rights and liabilities under...

7(1) Where an appeal made to the Appeals Commission in...

8(1) In paragraphs 1 to 5 references to any application...

PART IICONTINUITY OF SERVICES

Non-domestic supplies

9Where immediately before the transfer date the Department is providing...

Domestic supplies and sewerage services

10Nothing in this Order shall give rise to any contractual...

11The power of a water or a sewerage undertaker to...

Adoption of works, sewers, pipes or drains

12Any entitlement which a person has under Article 12(5) of...

PART IIITRADE EFFLUENT

Existing discharges

13(1) No discharge of trade effluent from any trade premises...

14(1) Any consent which is effective under Article 22 of...

Applications for consent to a new discharge

15(1) Any application made to the Department in accordance with...

Agreements as respects trade premises

16(1) Subject to sub-paragraph (2), any agreement made or having...

Information on appeal and interpretation

17(1) On an appeal to which this Part applies in...

PART IVCHARGES FOR SERVICES

Amounts due to the Department

18(1) The repeal of the 1973 Order shall not affect...

Trade effluent charges

19References (however expressed) in any deemed consent (as defined in...

Liability of owners and occupiers

20Where, in the case of any premises—

Notice of requirements to connect or disconnect a meter

21(1) Where before the transfer date the Department was proposing...

Disconnection for non-payment

22(1) Where— (a) before the transfer date premises are disconnected...

PART VWORKS AND LAND

Notice of intention to execute works

23(1) Without prejudice to paragraph 6(1)(a) of Schedule 4 to...

Rights of entry

24(1) Without prejudice to sub-paragraph (2), where before the transfer...

25Article 243 of the 2006 Order shall apply in relation...

Power to require occupier to permit works to be executed by owner

26Any complaint made under Article 16 of the 1973 Order...

Compulsory acquisition of land

27(1) Any land which has been compulsorily acquired under Article...

PART VIWATER (NORTHERN IRELAND) ORDER 1999

Pollution of water: offences

28Until the date on which the first regulations made under...

Discharge consents

29(1) Subject to sub-paragraph (2), a consent given under Article...

30The amendments made by Article 290(6) and (7) of the...

PART VIIMISCELLANEOUS

Prosecutions and other proceedings

31(1) Without prejudice to— (a) the generality of section 28(2)...

Saving for criminal liability of the Department

32Nothing in this Order or in a scheme made under...

Application of enactments

33Any provision contained in this Order as to the application...

Rights to use pipes etc.

34Without prejudice to section 28 of the Interpretation Act (Northern...

Supply by means of a separate service pipe

35(1) Subject to sub-paragraph (2), any notice served on the...

Production of plans and furnishing of information

36Any request made by the Department under Article 47(1) of...

Civil liability for escapes of water

37Notwithstanding any repeal by the 2006 Order, Article57A of the...

Protection for telegraph and telephone lines

38Notwithstanding its repeal by the 2006 Order, Article 58 of...

Private water supplies

39(1) Any notice served by DOE under Article 3E(1) of...

Proper maintenance of water and sewerage services

40(1) Any notice served by the Department under regulation 2(1)...

Adequacy of water and sewerage services to occupied premises

41On the transfer date notices served under regulation 3 of...

Modification of drainage facilities

42(1) Without prejudice to the generality of Part V of...

Liability of certain owners and occupiers in relation to fittings

43(1) Without prejudice to section 28 of the Interpretation Act...

Saving for agreements

44Without prejudice to the generality of section 28(2) or 29(3)...

PART VIIIINTERPRETATION

45In this Schedule— (a) “the 1973 Regulations” means the Water...

2007 No. 194 (C. 11)

water and sewerage

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

Made22nd March 2007

The Department for Regional Development, in exercise of the powers conferred on it by Article 1(2) and (5) of the Water and Sewerage Services (Northern Ireland) Order 20061 makes the following Order: