Water Charges Regulations (Cap. 55)

Water CAP. 55 9 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA WATER CHARGES REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title 2. Interpretation 3. Approval of consumer 4. Refusal of a connection or reconnection 5. Disconnection of private service 6. Notice of disconnection 7. Power of entry into premises 8. Water Authority may require repairs to be carried out 9. Liability for charges 10. Charge for water 11. Connection of private service 12. Disconnection of reconnection of supply at consumer‘s request 13. Method of disconnection 14. Water Authority may specify notices and forms WATER REGULATIONS 15 – SECTIONS 4 AND 15 (Legal Notices 12 of 1982, 4 of 1993, 5 of 1996, 5 of 1999, 9 of 1999, 10 of 2008, 12 of 2008 and 14 of 2011) Commencement [1 November 1982] Short title 1. 16 These regulations may be cited as the Water Regulations. Interpretation 2. In these regulations, unless the context otherwise requires— “consumer” means a person who is approved under regulation 3 as a consumer of water from the water supply system; “consumption” means the supply obtained; “prescribed” 17 in relation to any charge, means prescribed by the Governor in Council under section 4 of the Ordinance; “supply” means a supply of water provided by the Water Authority from the water supply system. Approval of consumer 15 Citation amended by L.N. 14 of 2011 16 Regulation 1 amended by L.N. 14 of 2011 17 Definition of “prescribed” inserted by L.N. 14 of 2011 10 CAP. 55 Water This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 3. (1) The Water Authority may approve, as the consumer of a supply of water from the water supply system, any person who— (a) occupies the premises; or (b) is responsible for the management of the premises or any part thereof; and (c) gives an undertaking, in such form as the Water Authority may specify to pay any charge due in respect of the supply. (2) A consumer may at any time apply to the Water Authority for cancellation of an undertaking given by him under this regulation and the Water Authority shall, if all charges due from the consumer have been paid, cancel the undertaking whereupon he shall cease to be the consumer. Refusal of a connection or reconnection 4. The Water Authority may refuse to connect or reconnect a private service to the water supply system if— (a) the private service or any alteration thereto is not approved by the Water Authority; or (b) there is no consumer for the private service. Disconnection of private service 5. 18 The Water Authority may disconnect a private service if— (a) any prescribed charge in respect of the private service is not paid; (b) there is no consumer for the private service; (c) the private service is constructed, installed or altered without its permission; (d) the consumer, on receipt of a notice under regulation 8, fails to carry out the repairs or other works specified in the notice; (e) the Water Authority, or any person acting under its authority, is obstructed from entering the premises or carrying out any function under section 6 of the Water Ordinance; or (f) the Water Authority is satisfied that waste, misuse or pollution of the supply has occurred or is likely to occur. Notice of disconnection 6. (1) Except in the case of an unforeseen emergency, prior notice of disconnection of a private service under regulation 5 shall be served on the consumer by the Water Authority and the notice shall specify the reasons for the disconnection. (2) Notice under subsection (1) shall, where there is no consumer, be served on the occupier of the premises or left at the premises. Power of entry into premises 7. The Water Authority and any person acting under its authority may enter at any reasonable time, or in case of urgency at any time, any premises to disconnect a private service. Water Authority may require repairs to be carried out 18 Regulation 5 amended by L.N. 14 of 2011 Water CAP. 55 11 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 8. The Water Authority may, if satisfied that a private service— (a) is in such a condition that waste or pollution of a supply has occurred or is likely to be caused thereby; or (b) has been altered without its permission, by notice require the consumer to carry out the repairs or other works specified in the notice to the private service. Liability for charges 9. (1) All charges arising in connection with or in consequence of a supply, including the charge for making a connection to the water supply system, shall be payable by the consumer. (2) The liability of a consumer under an undertaking given under regulation 3 shall continue until— (a) another consumer is approved by the Water Authority in his place; or (b) the undertaking is cancelled by the Water Authority, notwithstanding that— (i) he ceases to occupy the premises; (ii) he ceases to be responsible for the management of the premises or any part thereof; or (iii) the Water Authority exercises any power under regulation 4 or 5. Charge for water 10. 19 ... Connection of private service 11. 20 If a private service is approved by the Water Authority it shall, on payment of the prescribed charge, connect the private service to the water supply system. Disconnection or reconnection of supply at consumer’s request 12. 21 (1) A consumer who wants a private service to be disconnected shall apply to the Water Authority, in such form as may be specified and on payment of the prescribed charge, giving not less than 7 days‘ notice of the date on which the disconnection is to be made. (2) A consumer who wants a private service which has been disconnected under paragraph (1), to be reconnected shall apply to the Water Authority in such form as may be specified giving not less than 7 days‘ notice of the date on which the reconnection is to be made. Method of disconnection 13. (1) Disconnection of a private service under regulations 5 and 12 may be effected by severing the private service from the water supply system or by any other means which the Water Authority thinks fit. (2) A private service which is disconnected under paragraph (1) may be reconnected by the Water Authority— 19 Regulation 10 revoked by L.N. 14 of 2011 20 Regulation 11 amended by L.N. 14 of 2011 21 Regulation 12 amended by L.N. 12 of 2008 and L.N. 14 of 2011 12 CAP. 55 Water This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA (a) on compliance by the consumer with any requirement of the Water Authority relating to the reason for the disconnection; and (b) 22 on payment of the prescribed reconnection and maintenance charge for reconnecting a private service. Water Authority may specify notices and forms 14. (1) A notice under these regulations shall be in writing and shall be in such form as may be specified by the Water Authority. (2) The Water Authority may specify any forms required for the purposes of these regulations. SCHEDULE 23 ... 22 Section 13(2)(b) substituted by L.N. 12 of 2008 and amended by L.N. 14 of 2011 23 Schedule revoked by L.N. 14 of 2011