PART III.

Water Supply.

19. —In this Part of this Act—

the expression “provisional water supply order” means an order under section 20 of this Act which is not for the time being in force;

the expression “water supply order” means an order under section 20 of this Act which is in force.

20. —(1) Where any building in a sanitary district appears to the sanitary authority of that district not to be provided with a satisfactory supply of water for domestic purposes, the authority may, by order, require such building to be connected, in a specified manner and within a specified time after the coming into force of the order, with a public water supply or with an existing pipe which is itself connected with a public water supply.

(2) In considering for the purposes of this section whether an existing supply of water to a building is satisfactory, a sanitary authority shall, in particular, have regard to the character of the area in which the building is situate, the situation and nature of any public water supply or sewerage system available in that area and the purposes for which the building is used.

(3) An order under this section shall specify separately any portion of the work required by the order to be done which is to be executed under section 23 of this Act by the sanitary authority making the order.

(4) An order under this section may relate to two or more buildings and may require the provision of pipes for use, wholly or in part, in common by two or more of such buildings.

(5) An order under this section shall not require the connection of a building with an existing pipe which is itself connected with a public water supply, such pipe being the property of a person who is not the owner of such building, unless either that person has consented to such connection or he is under an obligation enforceable at law to allow such connection.

(6) Copies of an order under this section shall, within seven days after the day on which the order is made, be served on the owner and the occupier of every building to which the order relates and on any other person who is the owner or occupier of land through which any pipes are required by the order to pass.

21. —(1) The owner or occupier of a building to which a provisional water supply order relates and any other person who is the owner or occupier of land through which any pipes are required by the order to pass may object to the order by giving notice in that behalf to the Minister within thirty days after the day on which the order was made and the notice shall be in writing and shall contain a statement of the grounds of such objection.

(2) Where a notice of objection to a provisional water supply order is given under this section, the Minister, after consideration of the objection and after consultation with the sanitary authority who made the order, shall either—

(a) confirm the order without amendment or with such amendments as he thinks proper, or

(b) annul the order.

22. —(1) Where no objection is made under section 21 of this Act to a provisional water supply order, the order shall come into force thirty-seven days after the day on which the order was made.

(2) Where a provisional water supply order is confirmed without amendment on an objection under section 21 of this Act, the order shall come into force on the day on which it is confirmed.

(3) Where a provisional water supply order is confirmed with amendments on an objection under section 21 of this Act, the order as so amended shall come into force on the day on which it is confirmed.

23. —(1) In this section the word “system” means a system of pipes for the connection of a building or buildings with a public water supply or with an existing pipe, itself connected with a public water supply.

(2) Where a water supply order requires the making of a system passing through land of which the owner is not an owner of a building to which the order relates, the sanitary authority who made the order shall themselves make so much of the system as lies within that land.

(3) Where a water supply order requires the making of a system for one building only and the total length of the pipes in the system exceeds one hundred feet, the sanitary authority shall themselves make every portion of the system which is more than one hundred feet (measured along the system) from that building.

(4) Where a water supply order requires the making of a system for two or more buildings and the total length of the pipes in the system exceeds one hundred feet multiplied by the number of such buildings, the sanitary authority who made the order shall themselves make the portion of the system equal in length (measured along the system) to such excess and nearest to the supply or pipe to which the system is connected.

(5) Any doubt, dispute or question which may arise as to the portion of a system to be made by a sanitary authority pursuant to subsection (4) of this section shall be decided by the Minister and his decision shall be final.

(6) For the purpose of laying any pipe under this section, a sanitary authority shall have the powers mentioned in section 18 of the Act of 1878, as applied by section 64 of that Act, as if the pipe were a water main and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under that section.

24. —(1) Where—

(a) a water supply order specifies a period for the making of the system of pipes required thereby, and

(b) on the expiration of that period, such system (other than any portion to be made under section 23 of this Act) has not been begun, or if begun, has not been completed,

the sanitary authority who made the order may themselves make or complete (as may be appropriate) such system.

(2) Any officer, servant or agent of a sanitary authority may, for the purposes of the making or completion under this section on any land of any system required by a water supply order made by the authority, enter on such land and there do all things reasonably necessary for the making or completion thereof.

(3) Any person who wilfully obstructs an officer, servant or agent of a sanitary authority in the lawful exercise of any power conferred by subsection (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day on which the offence is continued.

25. —(1) Where a water supply order relates only to one building or only to two or more buildings having the same owner, the owner of the building or buildings shall, subject to subsection (3) of this section, pay to the sanitary authority who made the order the amount of any expenses incurred by them in the making of the whole or any part of the system of pipes required by the order.

(2) Where a water supply order relates to two or more separate buildings not having the same owner, the sanitary authority who made the order shall, subject to subsection (3) of this section, apportion any expenses incurred by them in making the whole or any part of the system of pipes required by the order between the owners of the buildings and the following provisions shall have effect in connection with the apportionment:

(a) the authority shall, within seven days after the day on which they make the apportionment, serve notice thereof on every such owner,

(b) any such owner may object to the apportionment by giving notice in that behalf to the Minister within twenty-one days after the apportionment was made and the notice shall be in writing and shall contain a statement of the grounds of such objection,

(c) on such notice of objection being given, the Minister, after consideration of the objection and after consultation with the authority, shall either confirm the apportionment or make a new apportionment,

(d) where no objection is made under paragraph (b) of this subsection to the apportionment made by the authority or where, on an objection under that paragraph, that apportionment is confirmed, the amount apportioned to each such owner by that apportionment shall be paid by him to the authority,

(e) where, on an objection under paragraph (b) of this subsection to the apportionment made by the authority, a new apportionment is made, the amount apportioned to each such owner by the new apportionment shall be paid by him to the authority.

(3) Where a portion of the system of pipes required by a water supply order has been made by virtue of subsection (3) or subsection (4) of section 23 of this Act by the sanitary authority who made the order, the expenses incurred by the authority in the making of such portion shall not be included in the expenses to be paid to or apportioned by the authority under this section.

(4) Any doubt, dispute or question which arises as to the amount of the expenses which are to be paid to or apportioned by a sanitary authority under this section shall be decided by the Minister and his decision shall be final.

(5) An amount payable to a sanitary authority under this section—

(a) may, without prejudice to the application of section 255 of the Act of 1878, be recovered by the authority as a simple contract debt in any court of competent jurisdiction, or

(b) may be declared by the authority to be private improvement expenses under the Acts, and may be recovered accordingly.

26. —Where the sanitary authority having jurisdiction in any particular area have not provided a public water supply in the area or have provided a public water supply in the area which is in sufficient to meet wholly the needs of the inhabitants of the area, the sanitary authority, with the consent of the Minister, may, in lieu of providing a public water supply in the area or improving the existing public water supply therein (as the case may be), themselves expend money, or make a grant of money to any person, for the purpose of the provision, improvement or maintenance of any water supply other than a public water supply.

27. —(1) A sanitary authority may take samples of water from any water supply (whether public or private) serving any inhabitants of their sanitary district for the purpose of the analysis of such samples.

(2) Where on analysis of samples of water taken by a sanitary authority under this section from a water supply, it is found that the water is unfit for human consumption, the sanitary authority shall take all reasonable steps to warn users of the water supply that the water therefrom is unfit for human consumption.

(3) Any officer, servant or agent of a sanitary authority may enter on any land for the purposes of this section.

28. —(1) Where any building in a sanitary district is connected to a public water supply by means of a pipe passing through land of which the owner is not the owner of the building, the sanitary authority of that district may, on the request of the owner of the building, carry out on such land any necessary repairs of such pipe and for that purpose any officer, servant or agent of the sanitary authority may, after seven days' notice in writing to the owner of such land, or in case of emergency without notice or after shorter notice, enter on such land and there do all things reasonably necessary for the purpose of the repair.

(2) Any expenses incurred by a sanitary authority under this section at the request of the owner of a building shall be repaid to the authority by such owner.

(3) An amount payable to a sanitary authority under this section—

(a) may be recovered by the authority as a simple contract debt in any court of competent jurisdiction, or

(b) may be declared by the authority to be private improvement expenses under the Acts, and may be recovered accordingly.

29. —(1) The Minister may, on the application of a sanitary authority, by order—

(a) modify the provisions of any enactment regulating the charges to be made by such sanitary authority for supplying water either within or without its district or to another sanitary authority and may make provision for the modification of any enactment consequential on or supplemental to such provisions;

(b) modify the provisions of any award or agreement which determines the price to be charged by a sanitary authority for the supply of water either within or without its district or to another sanitary authority.

(2) Every order in force at the commencement of this section and made under the Statutory Undertakers (Temporary Increase of Charges) Act, 1918, modifying any statutory provisions regulating the charges to be made for the supply of water shall be deemed to have been made under this section and shall continue in force and have effect accordingly.

(3) Before making an order under this section, or amending or revoking any such order or any order deemed to have been made under this section, the Minister may, if he thinks fit, cause a local inquiry to be held.