Article 3E Remedial functions of Department in relation to private supplies

Northern Ireland

(1)

Subject to the following provisions of this Article, where the Department is satisfied in relation to any premises which are supplied with water for domestic or food production purposes by means of a private supply—

(a)

that any water which is being, has been or is likely to be supplied for domestic or food production purposes to those premises by means of that private supply is not, was not or, as the case may be, is likely not to be, wholesome; or

(b)

that that private supply is failing, has failed or is likely to fail to provide to any house on those premises such a supply of wholesome water as (so far as that house is concerned) is sufficient for domestic and sanitary purposes,

the Department may serve a notice in relation to that private supply on one or more of the relevant persons.

(2)

A notice under paragraph (1) in relation to a private supply to any premises shall—

(a)

give particulars of the matters mentioned in paragraph (1) in respect of which the notice is served; and

(b)

specify the steps which, in the opinion of the Department, are required to be taken for ensuring that there is a supply of water to those premises which is both wholesome and (so far as any house on those premises is concerned) sufficient for domestic and sanitary purposes;

and the person on whom the notice is served may, within 28 days from the date of the service of the notice, appeal to the Appeals Commission.

(3)

Where the Department serves a notice under paragraph (1) on any relevant person it may do one or more of the following, that is to say—

(a)

by that notice designate as steps to be taken by the Department such of the steps specified in the notice as the Department considers it appropriate to so designate;

(b)

by that notice require that person, within such reasonable period as may be specified in the notice, to take one or more of the steps so specified;

(c)

by that notice require that person, at such times as may be determined in accordance with provision contained in the notice, to make to another relevant person or to the Department such payments as may be so determined in respect of expenses reasonably incurred by that other person or the Department in taking any step specified in the notice;

(d)

by that notice undertake to make such payments to that person as may be so determined in respect of expenses reasonably incurred by that person in taking any step specified in the notice.

(4)

Where any relevant person who is required by virtue of a notice under paragraph (1) to take any step in relation to any premises fails to take that step within the period specified in the notice, the Department may, in accordance with any applicable provision having effect under this Order, take that step.

(5)

Where any step is taken by the Department in relation to any premises by virtue of paragraph (4)—

(a)

the Department may recover from the person who failed to take that step within the specified period any expenses reasonably incurred by the Department in taking that step; and

(b)

for the purposes of any requirement under which payments are required to be made to that person by any person other than the Department, sums paid by virtue of sub-paragraph (a) in respect of the taking of any step shall be deemed to be expenses incurred in the taking of that step by the person who failed to take it.

(6)

Nothing in this Order shall confer any right of action on any person in respect of any loss or damage sustained by that person in consequence of the failure by any other person to take any step specified in a notice under paragraph (1); but any sum required to be paid to any person by virtue of any requirement or undertaking contained in such a notice shall be recoverable summarily as a civil debt by that person from the person who is required to pay it.

(7)

The Department may by notice served on any person modify or revoke the effect in relation to that person of any notice under this Article, and the person on whom the notice is served may, within 28 days from the date of the service of the notice, appeal to the Appeals Commission except where the notice—

(a)

extends the period within which any step is required to be taken by that person; or

(b)

discharges, postpones or abates any obligation of that person to make a payment to the Department.

(8)

For the purposes of this Article the relevant persons, in relation to a private supply to any premises, are the owners and occupiers of those premises and the owners and occupiers of the premises where the source of that supply is situated and any other person who exercises powers of management or control in relation to that source.

Notes on the whole Order

Textual amendments

F1: Order repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)