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PART V N.I.USE OF WATER

CHAPTER IN.I.DROUGHT

Drought ordersN.I.

Compensation and charges where drought order madeN.I.

142.—(1) Schedule 6 shall have effect with respect to the payment of compensation where a drought order has been made.

(2) Except as provided by Schedule 6, neither DOE nor any water undertaker or sewerage undertaker shall incur any liability to any person for loss or damage sustained by reason of anything done in pursuance of any drought order or of any omission in pursuance of such an order.

(3) Nothing in any drought order shall affect the right of DOE, a water undertaker or a sewerage undertaker, in the event of an interruption or diminution of the supply of water, to recover any fixed or minimum charge which might have been recovered from any person by DOE or that undertaker if there had been no such interruption or diminution.

(4) Where a water undertaker makes an application for a drought order, the Department may recover from the water undertaker any expenses (whether of a revenue or capital nature)—

(a)in connection with any local inquiry held in respect of the application;

(b)in the exercise of the Department's functions so far as their exercise is attributable to the application and (if the order is made) to the order,

in so far as those expenses have not been recovered (whether from the water undertaker or not) under any other statutory provision.

Commencement Information

I1Art. 142 wholly in operation at 1.4.2007; art. 142 in operation at 1.1.2007 in so far as it confers power on a Northern Ireland department to make regulations or orders or makes provision with respect to the exercise of any such power, see art. 1(3)(e); art. 142 in operation at 1.4.2007 insofar as not already in operation by S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)