OpenLegislation

Article 44 Supply of water fittingsF1

Northern Ireland

(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 [F2 the Judgments Enforcement (Northern Ireland) Order 1981 1981 NI 6] or in any proceedings in bankruptcy against the persons in whose possession they may be;

but nothing in this paragraph shall affect the valuation for rating of any rateable hereditament.

(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 exceedingF3 level 3 on the standard scale; 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.

Annotations

Textual amendments

F1

functions transf. by SR 1999/481

F2

1981 NI 6

F3

1984 NI 3

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Order repealed (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(2), Sch. 13 (with arts. 8(8), 121(3), 307);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)