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The Water and Sewerage Services (Northern Ireland) Order 2006
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The Water and Sewerage Services (Northern Ireland) Order 2006, Section 110 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 110:
- art. 23(6) inserted by 2024 c. 13 Sch. 30 para. 41(4)
- art. 27(11) inserted by 2024 c. 13 Sch. 30 para. 42(4)
- art. 29(11) inserted by 2024 c. 13 Sch. 29 para. 4
- art. 265(5)(u) inserted by 2024 c. 13 Sch. 30 para. 43(b)
- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 23(6) inserted by 2024 c. 13 Sch. 30 para. 41(4)
- art. 27(11) inserted by 2024 c. 13 Sch. 30 para. 42(4)
- art. 29(11) inserted by 2024 c. 13 Sch. 29 para. 4
- art. 265(5)(u) inserted by 2024 c. 13 Sch. 30 para. 43(b)
- art. 293(10A) inserted by 2015 c. 8 (N.I.) Sch. 3 para. 2(b)
Offence of supplying water unfit for human consumptionN.I.
This section has no associated Explanatory Memorandum
110.—(1) Subject to paragraph (3), where a water undertaker supplies water by means of pipes to any premises and that water is unfit for human consumption, the undertaker shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding £20,000; or
(b)on conviction on indictment, to a fine.
(2) For the purposes of section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) and any other statutory provision under which an individual is guilty of an offence by virtue of paragraph (1), the penalty on conviction on indictment of an offence under this Article shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.
(3) In any proceedings against any water undertaker for an offence under this Article it shall be a defence for that undertaker to show that it—
(a)had no reasonable grounds for suspecting that the water would be used for human consumption; or
(b)took all reasonable steps and exercised all due diligence for securing that the water was fit for human consumption on leaving its pipes or was not used for human consumption.
(4) Proceedings for an offence under this Article shall not be instituted except by [F1DOE] or the Director of Public Prosecutions for Northern Ireland.
Textual Amendments
F1Word in art. 110(4) substituted (12.4.2016) by Environmental Better Regulation Act (NorthernIreland) 2016 (c. 13), ss. 19(7), 27(1) (with S.I. 2006/3336 (N.I. 21), art. 302A(1) (as inserted by 2016 c. 13 (N.I.), s. 23))
Commencement Information
I1Art. 110 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
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