The Water and Sewerage Services (Northern Ireland) Order 2006

Civil liability of water undertaker for escape of water, etc N.I.

298.—(1) Where an escape of water, however caused, from a pipe vested in a water undertaker causes loss or damage, the undertaker shall be liable, except as otherwise provided in this Article, for the loss or damage.

(2) A water undertaker shall not incur any liability under paragraph (1) if the escape was due wholly to the fault of the person who sustained the loss or damage or of any servant, agent or contractor of his.

(3) A water undertaker shall not incur any liability under paragraph (1) in respect of any loss or damage for which the undertaker would not be liable apart from that paragraph and which is sustained—

(a) by a relevant undertaker or any statutory undertaker, within the meaning of [F1 section 250(1) of the Planning Act (Northern Ireland) 2011];

(b) by the Department, in connection with its functions under the Roads (Northern Ireland) Order 1993 (NI 15)

(c) by DARD, in connection with its functions under the Drainage Order or the Lough Neagh Drainage Acts (Northern Ireland) 1955 and 1970;

(d) by any person on whom a right to compensation is conferred by Article 42 of the Street Works (Northern Ireland) Order 1995 (NI 19);

(e) by a person providing an electronic communications network within the meaning of section 32 of the Communications Act 2003 (c. 21);

(f) by the Civil Aviation Authority; or

(g) by a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 (c. 38).

(4) Section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23), the Fatal Accidents (Northern Ireland) Order 1977 (NI 18) and the Limitation (Northern Ireland) Order 1989 (NI 11) shall apply in relation to any loss or damage for which a water undertaker is liable under this Article, but which is not due to the undertaker's fault, as if it were due to its fault.

(5) Nothing in paragraph (1) affects any entitlement which a water undertaker may have to recover contribution under the Civil Liability (Contribution) Act 1978 (c. 47); and for the purposes of that Act, any loss for which a water undertaker is liable under that paragraph shall be treated as if it were damage.

(6) Where the Department is liable under any statutory provision or agreement passed or made before [the transfer date] to make any payment in respect of any loss or damage the undertaker shall not incur liability under paragraph (1) in respect of the same loss or damage.

(7) In this Article “fault” has the same meaning as in section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948.

Textual Amendments

F1 Words in art. 298(3)(a) substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 101 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)

Commencement Information

I1 Art. 298 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)