- accommodation for the elderly
means residential accommodation to which sub-paragraph (3) or (4) applies, but which is not a dwelling within the meaning of paragraph 1 or a house in multiple occupation within the meaning of paragraph 2.
- airport operator
means the person who is the airport operator for the purposes of the Airports (Northern Ireland) Order 1994 (NI 1) in relation to an airport to which Article 25 of that Order applies.
- area of outstanding natural beauty or special scientific interest
means an area which— (a) is for the time being designated as an area of outstanding natural beauty under Article 14 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1);
- billing dispute
means a dispute between a relevant undertaker and a customer concerning the amount of the charge which the undertaker is entitled to recover from the customer in connection with—
- boat
includes a vessel of any description, and “boating” shall be construed accordingly;
- building
includes structure.
- business premises
means—
- cesspool
includes a settlement tank, septic tank or other tank for the reception or disposal of foul matter from buildings;
- charge
means any charge fixed by a scheme made under Article 201;
- civil emergency
means any event or situation which, in the opinion of the Department, causes or is likely to cause, in relation to any area—
- compensation water
has the same meaning as in Article 140.
- complaints
includes complaints made directly to relevant undertakers (or anyone carrying on activities on their behalf) and complaints to the Authority, the Council or the Department.
- compulsory works order
means an order under Article 228;
- consumer
has the same meaning as in Chapter I of Part VII;
- consumer matter
means any matter connected with the interests of consumers;
- consumers
includes both existing consumers and future consumers;
- contravention
includes a failure to comply;
- controlled waters
means—
- Crown estate
means an estate— (a) belonging to Her Majesty in right of the Crown;
- Crown land
means land in which there is a Crown estate.”
- customer
means any person to whom the relevant undertaker provides services.
- DAERA
means the Department of Agriculture, Environment and Rural Affairs;
- DARD
means the Department of Agriculture and Rural Development;
- debentures
includes debenture stock;
- DFP
means the Department of Finance and Personnel;
- DHSSPS
means the Department of Health, Social Services and Public Safety;
- discharge pipe
means a pipe from which discharges are or are to be made under Article 226.
- disclosure
includes publication.
- disposal main
means (subject to paragraph (3)) any outfall pipe or other pipe which— (a) is a pipe for the conveyance of effluent to or from any waste water treatment works, whether of a sewerage undertaker or of any other person;
- distribution main
means a water main that is not a trunk main;
- DOE
means the Department of the Environment;
- domestic sewerage purposes
has the same meaning as in Chapter II of Part VI.
- drain
means (subject to paragraph (3)) a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;
- dwelling
means—
- effluent
means any liquid, including particles of matter and other substances in suspension in the liquid;
- electronic address
includes any number or address used for the purposes of receiving electronic communications;
- electronic communication
has the meaning given by section 4 of the Electronic Communications Act (Northern Ireland) 2001.
- enforcement authority
means— (a) the Department;
- enforcement order
means a final enforcement order or a provisional enforcement order;
- factory
has the same meaning as in the Factories Act (Northern Ireland) 1965 (c. 20).
- fault
has the same meaning as in section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948.
- final enforcement order
means an order under this Article other than a provisional enforcement order;
- food production premises
means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
- food production purposes
means the manufacturing, processing, preserving or marketing purposes with respect to food or drink for which water supplied to food production premises may be used, and for the purposes of this definition “food production premises” means premises used for the purposes of a business of preparing food or drink for consumption otherwise than on the premises;
- guarantee
includes any form of indemnity or assurance.
- harbour authority
means a person who is a harbour authority within the meaning of Chapter II of Part VI of the Merchant Shipping Act 1995 (c. 21) and is not a navigation authority;
- holder
has the meaning given by Article 182(8).
- house
means any building or part of a building which is occupied as a dwelling-house, whether or not a private dwelling-house, or which, if unoccupied, is likely to be so occupied;
- house in multiple occupation
has the meaning given by section 1 of the Houses in Multiple Occupation Act (Northern Ireland) 2016.
- housing benefit
means housing benefit provided by virtue of a scheme under section 122 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).
- information
includes anything contained in any records, accounts, estimates or returns;
- inland navigation
includes any canal or navigable river.
- inland waters
means— (a) any river, stream or other watercourse whether natural or artificial and whether tidal or not;
- lateral drain
means— (a) so much of that part of a drain which runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain communicates or is to communicate as is located or is to be located in, under or over a road;
- limited company
means a company as defined in section 1(1) of the Companies Act 2006 that— (a) is registered in Northern Ireland, and (b) is limited by shares;
- local statutory provision
means a statutory provision which has effect only with respect to a particular area or to particular persons or works;
- main connection
has the same meaning as in Article 167 of the Water and Sewerage Services (Northern Ireland) Order 2006.”
- meter
means any apparatus for measuring or showing the volume of water supplied to, or of effluent discharged from, any premises;
- micro-organism
includes any microscopic biological entity which is capable of replication;
- modifications
includes additions, omissions, amendments and substitutions;
- National Park
means an area designated as a National Park under Article 12 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (NI 1).
- navigation authority
means any person who has a duty or power under any statutory provision to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
- necessary works
includes works carried out, in exercise of any power conferred by or under any statutory provision, by a person other than a water undertaker;
- notice
means notice in writing;
- other appointees
means any companies, other than the existing appointee and the new appointee, which are likely on or at a time after the relevant date to be holding appointments as water undertakers or sewerage undertakers for any area which is or includes any part of the area for which the existing appointee has at any time held an appointment as water undertaker or sewerage undertaker;
- permit
means a permit granted, under regulations under that Article, by an authority exercising functions under the regulations that are exercisable for the purpose of preventing or reducing emissions into the air, water and land.
- petroleum spirit
means any such— as, when tested in the manner prescribed by or under the Petroleum (Consolidation) Act (Northern Ireland) 1929 (c. 13), gives off an inflammable vapour at a temperature of less than 23 degrees Celsius.
- powers of compulsory acquisition
means any such powers as are mentioned in paragraph (4)(a) of Article 228.
- prescribed
means prescribed by regulations;
- private motor car
means any mechanically propelled vehicle intended or adapted for use on roads other than— and includes any vehicle drawn by a private motor car.
- private supply
means, subject to paragraph (2), a supply of water provided otherwise than by a water undertaker (including a supply provided for the purposes of the bottling of water);
- provisional enforcement order
means an order under this Article which, if not previously confirmed in accordance with paragraph (4), will cease to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order.
- public authority
means any Northern Ireland department or department of the government of the United Kingdom, any Minister of the Crown, any district council or any person certified by the Department to be a public authority for the purposes of this Order;
- public body
means a body established by or under any statutory provision.
- public sewer
means (subject to Article 163(2)) a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Article 270 or Schedule 1 or under Article 241 or otherwise, and “private sewer” shall be construed accordingly;
- published
means published in accordance with Article 71(8)(a).
- railway undertaking
has the same meaning as in the Transport Act (Northern Ireland) 1967 (c. 37);
- records
includes computer records and any other records kept otherwise than in a document;
- relevant body
means any sewerage undertaker, district council, railway undertaking or harbour authority.
- relevant Department
means—
- relevant dispute
means a dispute which, by virtue of any provision of this Order, may be referred to the Authority for determination under this Article.
- relevant house
means any house other than a house in relation to which the following two conditions are satisfied, that is to say—
- relevant order
means—
- relevant pipe
has the same meaning as in Article 219.
- relevant undertaker
means a water undertaker or a sewerage undertaker;
- relevant waterworks
means any waterworks which contain water which is or may be used by a water undertaker for providing a supply of water to any premises;
- relevant works power
means any power conferred by any of the provisions of Articles 215, 219, 220, 221(3), 222, 224 and 226, other than Article 222(3).
- relevant works powers
means the powers conferred on water undertakers by Articles 219, 220, 222, 224 and 226.
- reservoir
includes any place where water is artificially retained to form or enlarge a lake or lough, whether or not use is or is intended to be made of the water.
- resource main
means (subject to paragraph (3)) any pipe, not being a trunk main, which is or is to be used for the purpose of— (a) conveying water from one source of supply to another, from a source of supply to a regulating reservoir or from a regulating reservoir to a source of supply;
- road
has the same meaning as in the Roads (Northern Ireland) Order 1993 (NI 15);
- safe
has the same meaning as in Part II of the Consumer Protection Act 1987 (c. 43)
- serious deficiency in supply
means any existing or threatened serious deficiency in the supply of water (whether in quantity or quality) caused by an exceptional lack of rain or by any accident or unforeseen circumstances.
- service pipe
means (subject to paragraph (3) and to Article 90(3)) so much of a pipe which is, or is to be, connected with a water main for supplying water from that main to any premises as— (a) is or is to be subject to water pressure from that main;
- services
includes facilities;
- sewer
includes (without prejudice to paragraph (3)) all sewers and drains (not being drains within the meaning given by this paragraph) which are used for the drainage of buildings and yards appurtenant to buildings;
- sewer standards
means such standards of construction and repair as the undertaker would require if the public lateral drain or part of it were to become a public sewer.
- sewerage services
includes the disposal of sewage and any other services which are required to be provided by a sewerage undertaker for the purpose of carrying out its functions;
- shares
includes stock;
- special administration order
has the meaning given by Article 41;
- special category effluent
has the meaning given by Article 197;
- specially requested fire-hydrant
means a fire-hydrant which— (a) is fixed on a water main or other pipe of a water undertaker;
- specified
means specified in a scheme under this Schedule;
- statutory accounts
means any accounts (including group accounts) prepared for the purpose of any provision of the Companies Acts....
- statutory order
means— a an order under Article 138(1)(c) or 228 of the Water and Sewerage Services (Northern Ireland) Order 2006;
- statutory provision
has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 and includes any provision of this Order;
- stopcock
includes any box or pit in which a stopcock is enclosed and the cover to any such box or pit;
- street
has the same meaning as in the Street Works (Northern Ireland) Order 1995 (NI 19);
- substance
includes micro-organisms and any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;
- supply of water in bulk
means a supply of water for distribution by a water undertaker taking the supply;
- surface water
includes water from roofs;
- sustainable drainage system
means any structure or part of a structure that is designed to receive surface water from premises and—
- the 1984 Order
means the General Consumer Council (Northern Ireland) Order 1984 (NI 12).
- the 2016 Act
means the Environmental BetterRegulation Act (Northern Ireland) 2016.
- the Appeals Commission
means the Water Appeals Commission for Northern Ireland;
- the Authority
means the Northern Ireland Authority for Utility Regulation;
- the CMA
means the Competition and Markets Authority;
- the Companies Acts
has the meaning given by section 2(1) of the Companies Act 2006;
- the Council
means the General Consumer Council for Northern Ireland;
- the Department
means the Department for Regional Development;
- the Department concerned
means the Department, or where causing the other inquiry to be held is a function of some other Department, the Department and that other Department acting jointly.
- the Drainage Order
means the Drainage (Northern Ireland) Order 1973 (NI 1);
- the Energy Order
means the Energy (Northern Ireland) Order 2003 (NI 6);
- the Enterprise Act
means the Enterprise Act 2002 (c. 40);
- the interests of consumers
means the interests of consumers in relation to— (a) the supply of water to premises by water undertakers;
- the Office
means the Office of the First Minister and deputy First Minister;
- the other party
means the person with whom the sewerage undertaker is to make the agreement.
- the relevant date
means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.
- the relevant extent
means the extent specified in the agreement for the vesting in the undertaker of the water main or service pipe in question.
- the relevant person
means—
- the relevant sewerage provisions
means the following provisions of this Order— (a) Chapters II and III of Part VI (except so much of Chapter III of that Part as provides for regulations under Article 197 or has effect by virtue of any such regulations);
- the successor company
has the meaning assigned to it by Article 269(1);
- the transfer
means the transfer effected by Article 270(2).
- the transfer date
has the meaning assigned to it by Article 270(2);
- the transfer scheme
has the meaning assigned to it by Article 270(1).
- the Water Order
means the Water (Northern Ireland) Order 1999 (NI 6).
- third party
means any person other than— (a) the existing appointee;
- trade effluent
has the same meaning as in Chapter III of this Part;
- trade premises
means, subject to paragraph (2), any premises used or intended to be used for carrying on any trade or industry.
- trunk main
means a water main which is or is to be used by a water undertaker for the purpose of— (a) conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir;
- underground strata
has the same meaning as in the Water Order;
- vessel
has the same meaning as in the Water Order;
- waste water treatment works
means any works, apparatus or plant used for the disposal of sewage;
- water fittings
has the same meaning as in Part IV.
- water main
means (subject to paragraph (3)) any pipe, not being a pipe for the time being vested in a person other than the undertaker, which is used or to be used by a water undertaker for the purpose of making a general supply of water available to customers or potential customers of the undertaker, as distinct from for the purpose of providing a supply to particular customers;
- watercourse
has the same meaning as in the Drainage Order;
- waterway
has the same meaning as in the Water Order.
- waterworks
has the same meaning as in Article 112.