WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973

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WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 50



50.(1) Subject to this Article, an authorised officer of the Ministry shall,
on producing if so required some duly authenticated document showing his
authority, have a right to enter any land or premises at all reasonable hours
for the purpose of

(a)surveying land or boring or carrying out other works in order to ascertain
the suitability of the land for the execution of works under this Order;

(b)inspecting, repairing, altering, renewing or removing any works executed
under this Order in or on the land;

(c)ascertaining whether there is or has been on or in connection with the land
or premises any contravention of this Order or of any conditions imposed under
it;

(d)ascertaining whether or not circumstances exist which would authorise the
Ministry to take any action or execute any work under this Order;

(e)taking any action or executing any work authorised or required by this
Order to be taken or executed by the Ministry;

(f)inspecting any records and other documents and apparatus which the Ministry
may reasonably require to inspect for the purpose of exercising any of its
functions under this Order;

(g)taking away for analysis samples of sewage or any other matter or substance
which is passing from the premises into the sewers or sewage treatment works
of the Ministry;

[(h)taking away for analysis samples of water].

(2) Admission to any land with heavy equipment shall not, except in a case of
emergency, be demanded under paragraph (1) unless at least seven days' notice
of the intended entry has been given to the occupier.

(3) A person carrying out an inspection of documents under paragraph (1)(f)
shall have a right to take copies or extracts from the documents.

(4) Where notice of intended entry for a particular purpose has been given as
respects the first occasion on which the right of entry is exercised, no
further notice shall be required before entering the land or premises on a
subsequent occasion in connection with that purpose.

(5) If it is shown to the satisfaction of a justice of the peace on a sworn
information in writing

(a)that admission to land or premises which any person is entitled to enter by
virtue of this Article has been refused to that person, or that refusal is
apprehended, or that the land or premises are unoccupied, or the occupier is
temporarily absent, or that the case is one of urgency, or that the
application for admission would defeat the object of the entry, and

(b)that there is reasonable ground for entry to the land or premises for any
purpose for which entry is required,

(6) Any person entitled to enter any land or premises, by virtue of a right of
entry or of a warrant issued under this Article

(a)may take with him such other persons and such equipment as may be
necessary; and

(b)on leaving any unoccupied land or premises which he has entered by virtue
of such a warrant shall leave them as effectually secured against trespassers
as he found them.

(7) Every warrant granted under this Article shall continue in force until the
purpose for which the entry is necessary has been satisfied.

(8) A person who wilfully obstructs any person upon whom a right of entry has
been conferred by this Article or by a warrant issued thereunder shall be
guilty of an offence and liable on summary conviction to a fine not exceeding
#100.

(9) Where work has been carried out on land in pursuance of this Article the
Ministry shall, as soon as possible, reinstate the land.

(10) In determining whether an hour is a reasonable one for the purposes of
paragraph (1), regard shall be had to whether there is an emergency or not.

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Northern Irish Legislation

WATER AND SEWERAGE SERVICES (NORTHERN IRELAND) ORDER 1973 - SECT 50