Jersey Law 15/1972

 

WATER (JERSEY) LAW, 1972,

 

SANCTIONED BY

 

Order of Her Majesty in Council

 

dated 27th April, 1972.

____________

 

(Registered on 26th May, 1972).


 

ARRANGEMENT OF ARTICLES

Article

 

 

PART I

 

INTRODUCTORY

  1.

Interpretation

 

PART II

 

POWERS OF THE COMPANY

  2.

Works in connexion with roads

  3.

Laying of pipes in land not in public ownership

  4.

Vesting of communication pipes and repair of such pipes and of supply pipes in roads

  5.

Power to survey, and search for water on, land

  6.

Power of Company to acquire land compulsorily

 

PART III

 

SUPPLY OF WATER FOR DOMESTIC OR NON-DOMESTIC PURPOSES

  7.

Supply of water for domestic purposes

  8.

Constancy and pressure of supply

  9.

Sufficiency and wholesomeness of water

10.

Supply of water for non-domestic purposes

 

PART IV

 

SUPPLY OF WATER FOR FIRE-FIGHTING PURPOSES

11.

Amendment of Fire Service (Jersey) Law, 1959

 

PART V

 

WATER RATES

12.

Liability for, and recovery of, water rates

13.

Notices of cutting off of water supply to inhabited house

14.

Power of States in connexion with water rates and charges

 

PART VI

 

CONSERVATION AND PROTECTION OF WATER RESOURCES

15.

Control of abstraction and prevention of waste

16.

Power to prohibit or restrict temporarily use of water for non-essential purposes

17.

Bye-laws for preventing waste, misuse or contamination of water

18.

Bye-laws for protecting against pollution any water of the Company

19.

Penalty for polluting water

 

PART VII

 

CERTAIN POWERS OF COMMITTEE

20.

Power to instruct Company to carry out surveys and make reports

21.

Default powers of Committee

22.

Company’s accounts

 

PART VIII

 

GENERAL

23.

False information

24.

Penalties for offences

25.

Entry on land

26.

Documents to be in writing

27.

Authentication of documents

28.

Service of documents

29.

Proof of resolutions, etc.

30.

Duty of the Company to give notice of certain works

31.

Bye-laws

32.

Orders

33.

Short title and commencement


WATER (JERSEY) LAW, 1972.

____________

A LAW   to give certain powers to, and impose certain obligations on, the Jersey New Waterworks Company Limited, to make provisions in relation to the conservation and prevention of pollution of water, to amend the Fire Service (Jersey) Law, 1959 and to provide for ancillary matters, sanctioned by Order of Her Majesty in Council of the

 

28th day of APRIL, 1972.

____________

 

(Registered on the 26th day of May, 1972).

____________

 

STATES OF JERSEY.

____________

 

The 1st day of February, 1972.

____________

WHEREAS the Jersey New Waterworks Company Limited (hereinafter referred to as “the Company” was registered as a Limited Liability Company by Act of the Royal Court on the 11th day of February, 1882 in accordance with the provisions of the “Loi (1861) sur les Sociétés à Responsabilité Limitée”;1

WHEREAS the Company has since that date undertaken the collection, treatment and supply of water for domestic and other purposes in parts of the Island;

WHEREAS the scope of the Company’s undertaking has increased and is still increasing;

WHEREAS the powers, rights, privileges and obligations of the Company are neither established nor governed by statutory authority;

WHEREAS the supply of water is an enterprise of public utility;

AND WHEREAS it is in the public interest, for better regulating the provision of a supply of water in the Island, that certain additional powers be granted to the Company, on conditions safeguarding the rights of the public and that certain obligations be imposed on the Company;

THE STATES subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law:  -

PART I

INTRODUCTORY

ARTICLE 1

INTERPRETATION

(1)           In this Law, unless the context otherwise requires:  -

“building” includes a part of a building if that part is separately occupied;

“the Committee” means the Public Works Committee;

“communication pipe” means –

(a)        where premises supplied with water abut on a part of a road in which a main is laid, and a service pipe enters those premises otherwise than through the outer wall of a building abutting on the road and has a stopcock placed in those premises and as near to the boundary of that road as is reasonably practicable, so much of the service pipe as lies between the main and the stopcock;

(b)        in any other case, so much of the service pipe as lies between the main and the boundary of the road in which the main is laid;

and includes the ferrule at the junction of the service pipe with the main, and also –

(i)         where the communication pipe ends at a stopcock, that stopcock; and

(ii)        any stopcock fitted on the communication pipe between the end thereof and the main;

“the Company” means the Jersey New Waterworks Company Limited registered by Act of the Royal Court dated the 11th day of February, 1882 in accordance with the provisions of the “Loi (1861) sur les Sociétés à Responsabilité Limitée”;2

“consumer” means a person supplied, or about to be supplied, with water by the Company;

“contravention” includes a failure to comply, and “contravene” shall be construed accordingly;

“cut off”, in relation to a supply of water, means stop the supply, whether by operating a tap, disconnecting pipes, or otherwise;

“house” means a dwelling-house, whether a private dwelling-house or not, and includes any part of a building if that part is occupied as a separate dwelling;

“in”, in a context referring to works in a road or in land, includes reference to works under, along or on it and, in a context referring to a sewer, drain or tunnel in a road, includes a reference to one thereunder;

“land” includes houses, buildings and structures on land, land covered with water and, in relation to the acquisition of land under Article 6 of this Law, any interest in land or water and servitudes or rights in, or over land or water;

“main” means a pipe laid by the Company for the purpose of providing a general supply of water as distinct from a supply to individual consumers and includes any apparatus used in connexion with such a pipe;

“occupier” in relation to any land, means the person having the use of the land;

“owner” in relation to any land, means the person having the enjoyment of the land, either as owner or usufructuary or in the exercise of rights of dower, “franc veuvage” or otherwise;

“premises” includes land;

“prescribe” means prescribe by order;

“road” has the same meaning as in the Roads Administration (Jersey) Law, 1960;3

“Royal Court” means the Inferior Number of the Royal Court;

“service pipe” means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap;

“supply of water for domestic purposes” means a sufficient supply for drinking, washing, cooking and sanitary purposes, but not for any bath having a capacity (measured to the centre line of the overflow pipe, or in such other manner as the Company may by bye-laws require) in excess of fifty gallons and includes –

(a)        a supply for the purposes of a profession carried on in any premises the greater part whereof is used as a house; and

(b)        where the water is drawn from a tap inside a house and no hosepipe or similar apparatus is used, a supply for watering a garden, for horses kept for private use and for washing vehicles so kept;

Provided that it does not include a supply of water for the business of a laundry or a business of preparing food or beverages for consumption otherwise than on the premises;

“supply of water in bulk” means a supply of water for distribution by the person or persons or body taking the supply;

“supply pipe” means so much of any service pipe as is not a communication pipe;

“trunk main” means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir, or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the Island to another part of the Island or for the purpose of giving or taking a supply of water in bulk;

“water fittings” includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths, water-closets, soil-pans and other similar apparatus used in connexion with the supply and use of water.

(2)           Where any main is laid alongside and within sixty feet of the middle of a road, then, for the purposes of the foregoing definition of “communication pipe”, the land in which the main is laid and any land between the main and the road shall be deemed to form part of that road and references in that definition to the part of the road in which the main is laid and to the boundary of the road in which the main is laid shall be construed accordingly;

Provided that, where the premises to be supplied with water lie between any such main as aforesaid and the road, only that land in which the main is laid together with any land between the main and those premises shall be deemed to form part of the road.

(3)           References in this Law to any enactment shall, unless the contest otherwise requires, be construed as references to that enactment as amended and as extended or applied by or under any other enactment and as including references to any enactment repealing and re-enacting that enactment with or without further amendment.

(4)           Where any provision in the Company’s Memorandum of Association or Articles of Association is inconsistent, or is in conflict, with the provisions of this Law, the latter shall prevail.

PART II

POWERS OF THE COMPANY

ARTICLE 2

WORKS IN CONNEXION WITH ROADS

(1)           Subject to the provisions of this Law, the Highways (Jersey) Law, 19564 and the Public Utilities Road Works (Jersey) Law, 1963,5 the Company may, for the purpose of laying, constructing, inspecting, repairing, renewing or removing trunk mains, mains, service pipes, plant or other works, break open any road and may remove and use the soil or other materials in any such road;

Provided that in the exercise of the powers conferred by this paragraph the Company shall cause as little inconvenience and do as little damage as possible and shall make good to all bodies and persons interested any damage done in the exercise of those powers.

(2)           All trunk mains, mains, service pipes, plant or other works which have been laid down or constructed by the Company in any road prior to the date of the coming into force of this Law, shall be deemed to have been laid down or constructed in pursuance of and in accordance with the provisions of this Law.

(3)           Paragraph (2) of Article 1 of the Public Utilities Road Works (Jersey) Law, 19635 shall be amended by the substitution for the words “gas or electricity” of the words “gas, water or electricity”.

ARTICLE 3

LAYING OF PIPES IN LAND NOT IN PUBLIC OWNERSHIP

(1)           Where the Company proposes, for the purposes of its undertaking to lay down or construct any trunk main, main, service pipe, and any apparatus connected with such a pipe, or any culvert in any land not in public ownership, the Company shall serve notice of its intention so to do on every owner, lessee and occupier of that land and such notice shall contain a sufficient description of the land, shall specify the proposed route or site of the works, shall give details of any works constructed or proposed to be constructed in the land for the purpose of the inspection, maintenance and repair of the proposed works and shall advise the owner, lessee or occupier, as the case may be, of the provisions of this Article relating to the making of objections and the claiming of compensation.

(2)           Subject to the provisions of paragraph (7) of this Article, any person who objects to the terms of a notice served on him by the Company under paragraph (1) of this Article shall, within 28 days of the date of the notice, deliver to the Committee a statement in writing of the grounds of his objection and the Committee, within 28 days of the delivery of the statement and after hearing the parties, shall, if it is satisfied that the terms of the notice are reasonable in all the circumstances, confirm the notice or, if it is not so satisfied, order that the notice be withdrawn, and shall provide each of the parties with a statement in writing of the reasons for its decision, which shall be final.

(3)           Any person having an interest in land the value of which is diminished in consequence of the exercise by the Company of its powers under this Article shall be entitled to recover compensation from the Company for the diminution.

(4)           Where any interest in land is subject to a hypothec –

(a)     any compensation payable under paragraph (2) of this Article in respect of the diminution in the value of the interest shall be assessed as if the interest were not subject to the hypothec;

(b)     a claim for any such compensation may be made by any hypothecary creditor of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c)     a hypothecary creditor shall not be entitled to claim compensation under the said paragraph in respect of his interest as such; and

(d)     the compensation payable in respect of the interest subject to the hypothec may be paid by the Company to such of the claimants as it thinks proper and shall be applied by that claimant in such manner as the parties interested may agree, or, in default of such agreement, as may be determined by arbitration.

(5)           Any person who sustains damage by being disturbed in the enjoyment of any right in or over land in consequence of the exercise by the Company of its powers under this Article, not being damage which consists of the diminution of the value of an interest in land, shall be entitled to recover compensation from the Company in respect of that damage.

(6)           For the purpose of assessing compensation under this Article insofar as it is payable in respect of the diminution of the value of an interest in land –

(a)     Article 9 of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961,6 shall, so far as it is applicable and subject to any necessary modifications, have effect as it has effect for the purpose of assessing compensation for the compulsory acquisition of land; and

(b)     account shall be taken of the extent, if any, to which the value of the land has been enhanced by reason of the construction of the works.

(7)           Where any dispute arises as to the amount of any compensation payable under this Article, or as to the persons to whom it is payable, the question shall be referred to and determined by a Board of Arbitrators constituted in accordance with the provisions of Article 8 of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 19617 and Articles 10 and 11 of that Law8 shall apply in respect of such a reference.

(8)           If no statement of objection is delivered to the Committee within the time specified in paragraph (2) of this Article or if the Committee confirms the Company’s notice, the Company may make application to the Royal Court for an order that the notice be registered in the Public Registry of Contracts and such registration shall vest in the Company the rights to carry out the works specified in the notice and to have access thereto by its servants or agents at all reasonable times for the purpose of inspection, maintenance or repair and a notice registered as aforesaid shall have like effect to a contract passed before the Royal Court and the title of the Company shall bear the date of the order of the Court.

(9)           Any trunk main, main, service pipe, and any apparatus connected with such pipe, or any culvert laid down or constructed in pursuance of this Article shall be and shall remain the property of the Company notwithstanding the fact that the land of which it forms part is not in the ownership of the Company.

(10)         Any trunk main, main, service pipe and any apparatus connected with such pipe, or any culvert laid down or constructed by the Company for the purposes of its undertaking prior to the date of the coming into force of this Law in any land not in public ownership shall be deemed to have been laid down or constructed under this Article;

Provided that this paragraph shall not extinguish any obligations of the Company under any agreement with the owner, lessee or occupier of land in respect of the laying down or construction of any of the aforesaid works in that land.

ARTICLE 4

VISITING OF COMMUNICATION PIPES AND REPAIR OF SUCH PIPES AND OF SUPPLY PIPES IN ROADS

(1)           All communication pipes, whether laid before or after the coming into operation of this Law, shall vest in the Company and the Company shall at its own expense carry out any necessary works of maintenance, repair or renewal of such pipes and any work on its mains incidental thereto.

(2)           The Company shall also carry out any such necessary works as aforesaid in the case of so much of any supply pipe as is laid in a road and may recover the expenses reasonably incurred by it in so doing as a civil debt from the owner of the premises supplied by the pipe, but without prejudice to the rights and obligations as between themselves of the owner and the occupier of the premises.

(3)           If the Company fails to carry out any such necessary work with all reasonable despatch after service upon it of complaint of a defect from an owner or occupier of premises affected, it shall be guilty of an offence.

ARTICLE 5

POWER TO SURVEY, AND SEARCH FOR WATER ON, LAND

(1)           Where the Company wishes to investigate the desirability of acquiring land for any of the purposes of its undertaking, the Committee may if it thinks fit, on the application of the Company, authorize the Company to enter on and survey the land in accordance with the provisions of this Article;

Provided that notice of any such application shall be given by the Company to the owner and occupier of the land, and the Committee, before giving its authority under this paragraph, shall consider any representations made to it, within one month after the receipt of the notice, by any such owner or occupier.

(2)           The power to survey land conferred by this Article shall include power to carry out experimental borings or other works for the purpose of ascertaining the nature of the subsoil or the presence of underground water therein, or the quality or quantity of such water, and to reinstate the land after carrying out any such works:

Provided that the Company shall not carry out any works authorized by this paragraph on land which is occupied unless at least twenty-four hours’ notice of its intention so to do has been given to the occupier of the land.

(3)           Where any land on which entry is made in pursuance of this Article is damaged in the exercise of any power conferred thereby, any person having an interest in the land may recover compensation in request of that damage from the Company and where, in consequence of the exercise of such a power, any person is disturbed in his enjoyment of any right in or over land, he may recover compensation in respect of the disturbance from the Company.

(4)           Nothing in this Article shall be construed as absolving the Company from any liability in respect of damage or injury caused by the escape of water from any land on which works have been carried out in pursuance of this Article, not being damage in respect of which compensation is payable under paragraph (3) of this Article, to which the Company would be subject if the work had been carried out otherwise than in the exercise of statutory powers.

(5)           Where any dispute arises as to the amount of compensation payable under this Article, the question shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Committee.

(6)           Nothing in this Article shall be construed as authorizing the carrying out of works or the abstraction of water in contravention of restrictions imposed in pursuance of Article 15 of this Law.

ARTICLE 6

POWER OF COMPANY TO ACQUIRE LAND COMPULSORILY

(1)           Where it appears to the States that any land should be acquired by the Company for any of the purposes of its undertaking, which expression for the purposes of this Article shall include the prevention of pollution of any water which belongs to the Company or which it is for the time being authorized to take, and that it is not possible for the Company to acquire the land by agreement on reasonable terms, the States may authorize the acquisition of, and the Company accordingly may require, that land by compulsory purchase in accordance with the provisions of this Article.

(2)           The provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961,9 as amended,10 shall apply to the acquisition of land under this Article as though the definition of “acquiring authority” in paragraph (1) of Article 1 of that Law included a reference to the Company and, notwithstanding the provisions of Article 2 thereof that Law shall, in its application for the purpose of this Article, have effect as if –

(a)     Article 3 were deleted;

(b)     references in Articles 6, 13 and 17 to the States, and references in paragraphs (2) and (3) of Article 13 and in Article 16 to the public, were references to the Company;

(c)     references therein to the Greffier of the States were references to the Secretary of the Company.

PART III

SUPPLY OF WATER FOR DOMESTIC OR NON-DOMESTIC PURPOSES

ARTICLE 7

SUPPLY OF WATER FOR DOMESTIC PURPOSES

(1)           Where an owner of land proposes to erect thereon buildings for which a supply of water for domestic purposes will be needed, he may require the Company to construct the necessary works, to lay the necessary mains to such point or points as will enable the buildings to be connected thereto at a reasonable cost and to bring water to that point or those points and, subject to sub-paragraph (a) of paragraph (4) of this Article, the Company shall within a reasonable time comply with that requirement.

(2)           Subject to paragraph (3) of this Article, the owner or occupier of any premises may require the Company to provide a supply of water sufficient for the domestic purposes of those premises and, subject to sub-paragraph (b) of paragraph (4) of this Article, the Company shall within a reasonable time comply with that requirement:

Provided that the Company shall not be required to supply water under this paragraph –

(a)     from a trunk main or a main laid specifically for the purpose of fire fighting;

(b)     to premises in which any of the water fittings are not in accordance with bye-laws made under Article 17 of this Law.

(3)           In respect of premises which are –

(a)     let furnished; or

(b)     let for a term not exceeding three months certain; or

(c)     supplied with water in such a way that the supply cannot be discontinued without discontinuing the supply to other premises,

the Company shall not be required, except by the owner of the premises, to provide a supply of water under paragraph (2) of this Article.

(4)           As a condition of complying with a requirement made under this Article, the Company may –

(a)     in the case of a requirement under paragraph (1), require the owner to pay such sum, not exceeding the estimated cost of the work necessary to comply with the requirement, as the Company may determine;

(b)     in the case of a requirement under paragraph (2), require the owner or occupier, as the case may be, to pay such sum, not exceeding the estimated cost of the work necessary to comply with the requirement, as the Company may determine and one quarter’s water rate.

(5)           If the Company fails to comply with a requirement under paragraph (1) or paragraph (2) of this Article, or fails to maintain a supply of water for domestic purposes during any period in respect of which the water rate has been paid or tendered, it shall, without prejudice to any other remedy enforceable by the person aggrieved, be guilty of an offence:

Provided that the Company shall be under no such liability if the failure to provide or maintain a supply is due to –

(a)     frost, drought, unavoidable accident or other unavoidable cause, or the execution of necessary works; or

(b)     the failure of the person aggrieved to comply with any order or bye-law made under this Law.

(6)           Any question arising under this Article regarding any terms and conditions on which water is to be supplied thereunder and any question whether the Company is justified in refusing to provide a supply shall, in default of agreement be referred to the Committee, which may determine the question.

ARTICLE 8

CONSTANCY AND PRESSURE OF SUPPLY

(1)           The Company shall cause the water in all pipes which are used for providing supplies for domestic purposes to be laid on constantly and at a sufficient pressure for the domestic purposes of all premises to which such a supply is provided.

(2)           If the Company fails to comply with the requirements of paragraph (1) of this Article, except when prevented by frost, drought, unavoidable accident or other unavoidable cause, or the execution of necessary works, it shall, without prejudice to any other remedy enforceable by the person aggrieved, be guilty of an offence:

Provided that only one prosecution for the recovery of a fine shall be instituted under this paragraph in respect of the same period of failure.

ARTICLE 9

SUFFICIENCY AND WHOLESOMENESS OF WATER

(1)           The Company shall provide in its mains and communication pipes a supply of wholesome water sufficient for the domestic purposes of all owners and occupiers of premises who are entitled under this Law to require a supply for those purposes.

(2)           If the Company fails to comply with the requirements of paragraph (1) of this Article, except when prevented by frost, drought, unavoidable accident or other unavoidable cause, or the execution of necessary works, it shall, without prejudice to any other remedy enforceable by the person aggrieved, be guilty of an offence.

ARTICLE 10

SUPPLY OF WATER FOR NON-DOMESTIC PURPOSES

(1)           Subject to the provisions of this Article, the Company shall, within a reasonable time and on reasonable terms and conditions supply water for purposes other than domestic purposes to the owner or occupier of any premises who requests the Company to provide such a supply to those premises:

Provided that the Company shall not be required to provide such a supply if the provision thereof would endanger the ability of the Company to meet existing obligations to supply water for any purposes, or probable future requirements to supply water for domestic purposes, without having to incur unreasonable expenditure in constructing new waterworks for the purpose.

(2)           Any question arising under paragraph (1) of this Article as to the terms and conditions on which water is to be supplied thereunder and any question whether the Company is justified in refusing to provide a supply shall, in default of agreement, be referred to the Committee, which may determine such question.

(3)           Where the terms and conditions on which a supply of water is to be provided to any person under this Article have been agreed or determined, and that person has done everything which he is required by such agreement or determination to do before the supply is provided, the Company, if it fails to furnish the supply within such period as may be agreed or determined, or fails to maintain the supply in accordance with the said terms and conditions, shall, without prejudice to any other remedy enforceable by the party aggrieved, be guilty of an offence:

Provided that the Company shall be under no such liability if the failure to provide or maintain a supply is due to –

(a)     frost, drought, unavoidable accident or other unavoidable cause or the execution of necessary works; or

(b)     the failure of the person aggrieved to comply with any order or bye-law made under this Law.

(4)           Article 12 of this Law shall apply in relation to charges for water supplied under this Article, whether by meter or otherwise, in like manner as it applies in relation to water rates.

PART IV

SUPPLY OF WATER FOR FIRE-FIGHTING PURPOSES

ARTICLE 11

AMENDMENT OF FIRE SERVICE (JERSEY) LAW, 1959

(1)           After paragraph (2) of Article 10 of the Fire Service (Jersey) Law, 195911 (hereinafter in this Article referred to as “the Law of 1959”) there shall be inserted the following paragraph –

“(2A)    For the purpose of extinguishing fires, the Company shall permit any person to take, without payment, water from any hydrant under its control.”

(2)           After Article 12 of the Law of 195912 there shall be inserted the following Article –

“ARTICLE 12A

PENALTIES FOR DEFAULT IN RESPECT OF HYDRANTS OR SUPPLY OF WATER

If the Company fails to comply with any obligation imposed upon it by Article 10, 11 or 12 of this Law, except when prevented by frost, drought, unavoidable accident or other unavoidable cause or the execution of necessary works, it shall be liable to a fine not exceeding fifty pounds, and to a further fine not exceeding five pounds for each day during which such failure continues.”

PART V

WATER RATES

ARTICLE 12

LIABILITY FOR, AND RECOVERY OF, WATER RATES

(1)           Subject to the provisions of Article 14 of this Law, and without prejudice to any agreement between the Company and a consumer subsisting on the date of the coming into force of this Law, water rates payable to the Company shall be payable and recoverable in accordance with the provisions of this Article and not otherwise.

(2)           The water rate for a supply of water to any premises shall be payable by the person requiring the Company to provide the supply and, except where the supply is metered, shall be payable quarterly in advance.

(3)           The water rate payable by any person may after a demand therefor be recovered from him by the Company as a civil debt and, subject to the provisions of paragraphs (4) of this Article, where a person fails to pay within twenty-eight days after a demand therefor any instalment of a water rate payable by him in respect of any premises, the Company may cut off the supply of water to the premises:

Provided that if, before the expiration of the said twenty-eight days, notice in writing is given to the Company that there is a dispute as to the amount due in respect of the water rate, or as to the liability to pay the rate, the supply of water shall not be cut off until the dispute has, on the application of either party, been determined by the Committee.

(4)           The Company shall not cut off the supply of water to any premises by reason of the failure of the owner of the premises, who is not himself the occupier thereof, to pay on the due date any instalment of water rate which he is liable in accordance with this Article to pay in respect of those premises but, without prejudice to the right of the Company to enforce payment by him, that instalment may be recovered by the Company either from the owner for the time being of the premises or from the occupier for the time being of the premises out of any rent which is then due, or which may thereafter become due, from him to the owner:

Provided that –

(a)     no greater sum shall be recoverable at any one time from the occupier than the amount of rent which is owed by him; and

(b)     the occupier, as between himself and the owner of the premises, shall be entitled to deduct from the rent payable by him to the owner any sum paid by him to the Company in accordance with the provisions of this paragraph.

(5)           If any water supply is cut off by the Company in contravention of the provisions of this Article, the Company shall be liable to a fine not exceeding twenty pounds for each day during which the water remains cut off.

(6)           In this Article, the expression “water rate” includes any charge for water supplied by the Company and any additional charge payable to the Company in respect of a supply of water for any purposes.

ARTICLE 13

NOTICES OF CUTTING OFF OF WATER SUPPLY TO INHABITED HOUSE

Where, in the exercise of its powers under Article 12 of this Law or for any other reason, the Company proposes to cut off the supply of water to an inhabited house, it shall, not later than forty-eight hours before that supply is to be cut off, give notice of its intention so to do to the Medical Officer of Health and the Connétable of the parish in which the house is situated and, if it fails to do so, the Company shall be guilty of an offence.

ARTICLE 14

POWER OF STATES IN CONNEXION WITH WATER RATES AND CHARGES

(1)           Where it appears to the States to be necessary so to do in the public interest, the States may by regulations –

(a)     determine the water rates and charges to be made by the Company in respect of water which it supplies; and

(b)     specify the manner in which water rates and charges are to be assessed and make provisions incidental thereto:

Provided that any regulations made under this Article, unless previously renewed by the States, shall lapse after twelve months from the date on which they come into force.

(2)           In determining water rates and charges, the States shall have regard to the following matters –

(a)     the present needs of the Company and the future expansion of services provided by the Company;

(b)     the ability of the Company so long as its undertaking is managed efficiently to pay –

(i)      interest on any debentures or bonds charged on the real property of the Company;

(ii)     a dividend on the preference shares issued by it at the rate fixed under the terms of issue of such shares; and

(iii)    a reasonable dividend on the ordinary shares issued by it;

(c)     any capital expenditure which the Company may reasonably be expected to incur during the next five years and the desirability of the Company’s charging such expenditure, or any part thereof, to revenue;

(d)     the ability of the Company to pay all proper expenses of and connected with the working, management and maintenance of the Company;

(e)     the provision of any contributions, whether set apart out of revenue or otherwise, which the Company may lawfully carry to a reserve, contingency or amortization fund;

(f)      the ability of the Company to make good depreciation, whether or not provision therefor is made by a reserve or contingency fund; and

(g)     the ability of the Company to meet all other costs, charges and expenses, if any, properly chargeable to revenue.

PART VI

CONSERVATION AND PROTECTION OF WATER RESOURCES

ARTICLE 15

CONTROL OF ABSTRACTION AND PREVENTION OF WASTE

Where the States are satisfied that special measures for the conservation of water are necessary in the public interest, the States may by regulations make such provisions as they consider appropriate to control –

(a)     the construction of any well, borehole or other work for the purpose of abstracting underground water;

(b)     the extension of any existing well, borehole or other work for the purpose of abstracting additional quantities of underground water,

and such regulations may prohibit any person from –

(i)      abstracting underground water from any well, borehole or other work construed or extended as aforesaid;

(ii)     causing or allowing any underground water to run to waste from any well, borehole or other work, except for the purpose of testing the extent or quality of the supply or for cleansing, sterilization, examination or repairing purposes;

(iii)    abstracting from any well, borehole or other work water in excess of his reasonable requirements.

ARTICLE 16

POWER TO PROHIBIT OR RESTRICT TEMPORARILY USE OF WATER FOR NON-ESSENTIAL PURPOSES

(1)           Where the Company is of opinion that a serious deficiency of water available in any part of the Island exists or is threatened, it may, for such period as it thinks necessary, prohibit or restrict as respects the whole or any part of the Island the use for watering gardens, washing motor vehicles, filling swimming pools or other non-essential purposes of any water supplied by it.

(2)           Before any prohibition or restriction under paragraph (1) of this Article comes into force, the Company shall inform the Committee and shall cause to be published in the Jersey Gazette a notice of the prohibition or restriction and the date when it will come into force and such notice shall be certified by the Greffier of the States as being a notice published in pursuance of this requirement.

(3)           Any person who, whilst the prohibition or restriction is in force, contravenes any of its provisions shall be guilty of an offence.

(4)           During any period when a prohibition or restriction imposed under this Article is in force, any person duly authorized in that behalf by the Company may, on producing if so required evidence of his authority, at all reasonable hours enter any premises to which the prohibition or restriction applies for the purpose of ascertaining whether there is or has been any contravention of the prohibition or restriction.

ARTICLE 17

BYE-LAWS FOR PREVENTING WASTE, MISUSE OR CONTAMINATION OF WATER

(1)           Subject to the approval of the Committee, the Company may make bye-laws for preventing waste, undue consumption, misuse or contamination of water supplied by it and, without prejudice to the generality of the foregoing, such bye-laws may include provisions –

(a)     specifying the size, nature, materials, strength and workmanship, and the mode of arrangement, connection, disconnection, alteration and repair, of the water fittings to be used; and

(b)     forbidding the use of any water fittings which are of such a nature or are so arranged or connected as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water or reverberation in pipes.

(2)           If a person contravenes the provisions of any bye-law made under paragraph (1) of this Article, the Company may, without affecting such person’s liability to a fine in respect of such contravention, cause any water fittings belonging to or used by that person which are not in accordance with the requirements of the bye-laws to be altered, repaired or replaced and may recover the expenses reasonably incurred by it in so doing from the person in default as a civil debt.

ARTICLE 18

BYE-LAWS FOR PROTECTING AGAINST POLLUTION ANY WATER OF THE COMPANY

(1)           If it appears to the Company to be necessary for the purpose of protecting against pollution any water, whether on the surface or underground, which belongs to it or which it is for the time being authorized to take, it may, subject to the approval of the Committee, make bye-laws –

(a)     defining the area within which it deems it necessary to exercise control; and

(b)     prohibiting or regulating the doing within that area of any act specified in the bye-laws; and

(c)     empowering any duly authorized officer or employee to take such action as may be specified in the bye-laws for the purpose of safeguarding water against pollution,

and different provisions may be contained in the bye-laws in respect of different parts of the area so defined.

(2)           Where an area has been defined by bye-laws under this Article, the Company may by notice require either the owner or the occupier of any land within that area to execute and keep in good repair such works as it considers necessary for preventing pollution of its water.

(3)           A person who considers that a requirement made on him by notice served under paragraph (2) of this Article is unreasonable may, within twenty-eight days after service of the notice, appeal to the Committee and the Committee may, if it decides, after hearing both parties, that the requirement is unreasonable, modify or disallow the requirement.

(4)           The Company shall pay compensation to the owners and occupiers of, and other persons interested in, any land within the area defined by bye-laws made under this Article, not being land on which any cause of pollution arises, in respect of –

(a)     any curtailment or injurious affection of their legal rights by restrictions imposed by the bye-laws; and

(b)     any expenses incurred by them in complying with a requirement to execute and maintain any works,

and any question as to the amount of compensation to be paid shall be referred to an arbitrator to be appointed, in default of agreement, by the Committee.

(5)           Subject to the provisions of paragraph (3) of this Article, any person who has failed to comply with a requirement made on him by notice served under paragraph (2) of this Article, or with such a requirement as modified, shall be guilty of an offence and shall be liable to the same penalties as if he had committed an act prohibited by the bye-laws and, whether or not any proceedings are taken in respect of the offence, the Company may execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by it in so doing from the person in default as a civil debt.

ARTICLE 19

PENALTY FOR POLLUTING WATER

(1)           Any person who, by any wilful act, default or omission, pollutes any water which is used or is likely to be used for human or animal consumption, for domestic purposes, for manufacturing food or drink for human consumption or for irrigating land used for growing crops shall, without prejudice to any other remedy enforceable by the person aggrieved, be guilty of an offence.

(2)           Without prejudice to the provisions of paragraph (1) of this Article, where there are reasonable grounds for supposing that a contravention of that paragraph has occurred or is likely to occur in relation to water for the time being belonging to the Company or which it is authorized to take, any officer or employee of the Company, duly authorized by the Company for that purpose, may, on producing if so required evidence of his authority, at all reasonable times enter on any land and may, with the agreement of the occupier of the land, take such steps as may be necessary to prevent the pollution or the continuation of the pollution, as the case may be.

PART VII

CERTAIN POWERS OF COMMITTEE

ARTICLE 20

POWER TO INSTRUCT COMPANY TO CARRY OUT SURVEYS AND MAKE REPORTS

(1)           The Committee may instruct the Company to –

(a)     carry out a survey of the existing consumption of and demand for water in the Island, or in any particular part of the Island, of the means by which such water supplies are obtained and of the water resources in, or available for, the Island, or that part;

(b)     prepare an estimate of the future water supply requirements of the Island or of any particular part of the Island,

and to submit to the Committee a report on such matters in such form and within such time as the Committee may direct and the Committee shall pay to the Company such an amount as the Committee deems reasonable in respect of the costs incurred by the Company in carrying out the Committee’s instructions.

(2)           In pursuance of an instruction under paragraph (1) of this Article, the Company may by notice require the owner or occupier of any land to keep such records, and to furnish such returns, of the quantity and quality of water abstracted for purposes other than domestic purposes of his household from any source, and of such other matters relating to the source, as may be specified in the requirement and the Company shall pay to that person any costs reasonably incurred by him in complying with the requirement.

(3)           A person who considers that a requirement made on him by notice served under paragraph (2) of this Article is unreasonable may, within 28 days after the service of the notice, appeal to the Committee and the Committee may, if it decides after hearing both parties that the requirement is unreasonable, modify or disallow the requirement.

(4)           Subject to the provisions of paragraph (3) of this Article, any person who fails to comply with any requirement made by notice served under paragraph (2) of this Article, or with such a requirement as modified, shall be guilty of an offence.

ARTICLE 21

DEFAULT POWERS OF COMMITTEE

(1)           Where on a complaint made to it by a consumer, the Committee, after making due enquiry and after hearing both parties, is satisfied that the Company has failed –

(a)     to provide an adequate supply of wholesome water; or

(b)     to do anything which it is required to do by or under this Law,

the Committee may declare the Company to be in default and may direct that such default shall be made good in such manner and within such time as the Committee may require.

(2)           If the Company is aggrieved by any direction given by the Committee under paragraph (1) of this Article, it may, within 28 days of the date on which the directions were given to the Company, appeal to the Royal Court either in term or in vacation and the Royal Court may, as it thinks fit, uphold or dismiss the appeal or vary the directions given by the Committee.

(3)           Where an appeal is brought by the Company under this Article, the directions given by the Committee under paragraph (1) thereof shall have effect only from the date on which the appeal is dismissed or abandoned or, where any such directions are varied by the Royal Court, from the date of the order of the Royal Court.

(4)           If the Company fails to comply with any direction given by the Committee, or with any such direction as varied by the Royal Court, it shall be guilty of an offence and, whether or not any proceedings are taken in respect of the offence, the Committee may itself carry out any work necessary to remedy the default of the Company, and may recover as a civil debt from the Company the expense incurred in so doing.

ARTICLE 22

COMPANY’S ACCOUNTS

(1)           The Company shall each year prepare an abstract of the accounts of its undertaking for the preceding year, showing under the appropriate heads its income and expenditure, the amount standing to the credit of any reserve or contingency fund and the balances brought forward and carried forward respectively, and the abstract so prepared shall be signed by the Chairman of the Company and certified by the Company’s auditors.

(2)           The Committee may give directions as to the form of the abstracts to be prepared by the Company.

(3)           A copy of the said abstract so signed and certified and a copy of the balance sheet of the Company for the year to which the abstract relates shall be transmitted as soon as may be to the Committee.

(4)           If any of the forgoing provisions of this Article are not complied with, the Company shall be guilty of an offence.

PART VIII

GENERAL

ARTICLE 23

FALSE INFORMATION

Any person who, in keeping any record or journal or in furnishing any return, abstract or information which he is required by or under this Law to keep or furnish, knowingly or recklessly makes any statement which is false in a material particular shall be guilty of an offence.

ARTICLE 24

PENALTIES FOR OFFENCES

Any person guilty of an offence under this Law, or under any order or regulations made under this Law, shall, except where the provision by or under which the offence is created provides for a penalty to be imposed, be liable –

(a)     in the case of a first offence, to a fine not exceeding fifty pounds and, where such offence is a continuing offence, to a further fine not exceeding ten pounds for every day during which the offence is continued after conviction; and

(b)     in the case of a second or subsequent offence, to a fine not exceeding two hundred pounds and, where such offence is a continuing offence, to a further fine not exceeding twenty pounds for every day during which the offence is continued after conviction.

ARTICLE 25

ENTRY ON LAND

(1)           Subject to the provisions of this Article, any person duly authorized in that behalf by the Company shall, on producing, if so required, evidence of his authority, have a right to enter any land at all reasonable hours for the purpose of –

(a)     inspecting and examining meters used by the Company for measuring the water supplied and of ascertaining therefrom the quantity of water consumed;

(b)     ascertaining whether there is or has been, on or in connexion with that or any other land, any contravention of the provisions of this Law or of any order or bye-laws made thereunder;

(c)     ascertaining whether or not circumstances exist which would authorize the Company to take any action, or execute any work, under this Law or any such order or bye-laws;

(d)     taking any action, or executing any work, which the Company is authorized or required by this Law, or any such order or bye-laws, to take or execute.

(2)           Any person who wilfully obstructs any person upon whom a right of entry has been conferred by this Article or by any other provision of this Law, or any order or bye-law made thereunder, shall be guilty of an offence and shall be liable to a fine not exceeding twenty pounds.

ARTICLE 26

DOCUMENTS TO BE IN WRITING

All notices, consents, approvals, demands and other documents authorized or required by or under this Law to be served, given, made or issued by the Committee or by the Company, and all notices and applications authorized or required by or under this Law to be served on, given or made to, the Committee or the Company, shall be in writing.

ARTICLE 27

AUTHENTICATION OF DOCUMENTS

(1)           Any notice, consent, approval, demand or other document which the Company is authorized or required by or under this Law to serve, give, make or issue may be signed on behalf of the Company –

(a)     by the Manager or Secretary of the Company;

(b)     by any other officer of the Company authorized by it in writing to sign documents of the particular kind or, as the case may be, the particular document.

(2)           Any document purporting to bear the signature of any person expressed to hold an office by virtue of which he is under this Article empowered to sign such a document, or expressed to be duly authorized by the Company to sign such a document or, as the case may be, the particular document, shall, for the purposes of this Law and of any order or bye-laws made thereunder, be deemed, until the contrary is proved, to be duly served, given, made or issued by the authority of the Company.

(3)           In paragraph (2) of this Article, the expression “signature” includes a facsimile of a signature by whatever process reproduced.

ARTICLE 28

SERVICE OF DOCUMENTS

(1)           Subject to the provisions of this Article, any notice, consent, approval, demand or other document required or authorized by or under this Law to be served on any person may be served –

(a)     by delivering it to that person; or

(b)     by leaving it at his proper address; or

(c)     by registered post; or

(d)     by the recorded delivery service.

(2)           Any notice, consent, approval, demand or other document required or authorized by or under this Law to be served on a person being a corporation shall be duly served if it is served on the secretary or clerk of the corporation.

(3)           For the purposes of this Article, and of Article 12 of the Interpretation (Jersey) Law, 195413 in its application to this Article, the proper address of any person on whom such a document as is mentioned in paragraph (1) of this Article is to be served shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation and, in any other case, be the usual or last-known place of abode of the person on whom the document is to be served:

Provided that, where the person on whom such a document as is mentioned in paragraph (1) of this Article is to be served has furnished an address for service in accordance with arrangements agreed to in that behalf, his proper address for the purposes aforesaid shall be the address furnished.

(4)           If the name or address of any owner, lessee or occupier of any premises on whom any such document as aforesaid is to be served cannot after reasonable enquiry be ascertained by the person seeking to serve the document, it may be served by addressing it to him by the description of “owner”, “lessee” or “occupier” of the premises (describing them) to which the notice relates, and by delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

ARTICLE 29

PROOF OF RESOLUTIONS, ETC

In any proceedings under this Law, a document purporting to be certified on behalf of the Company as a copy of a resolution or bye-law passed or made by it on a specified date, or as a copy of the appointment of, or of an authority given to, an officer of the Company on a specified date, shall be evidence that that resolution, bye-law, appointment or authority was duly passed, made or given by the Company on the said date.

ARTICLE 30

DUTY OF THE COMPANY TO GIVE NOTICE OF CERTAIN WORKS

The Company, before commencing to execute repairs or other work which will cause any material interference with the supply of water, shall, except in a case of emergency, give to all consumers likely to be affected such notice as is reasonably practicable, whether by notice in the Jersey Gazette or otherwise, and shall complete the work with all reasonable dispatch.

ARTICLE 31

BYE-LAWS

(1)           The provisions of the Subordinate Legislation (Jersey) Law, 196014 shall apply to bye-laws made by the Company and approved by the Committee under this Law and the Committee shall cause the bye-laws to be laid before the States.

(2)           Immediately after any bye-laws made by the Company under this Law have been approved by the Committee, the Secretary of the Company shall cause the bye-laws to be printed and shall cause to be published in the Jersey Gazette a notice stating that the bye-laws have been made, the date on which the bye-laws come into force and the place at which printed copies may be purchased:

Provided that printed copies of the bye-laws shall be available for inspection at the registered office of the Company at all reasonable hours.

(3)           Bye-laws made by the Company under this Law may contain provisions for imposing on any person contravening the bye-laws a fine not exceeding twenty-pounds in respect of each contravention and, in the case of a continuing contravention, a further fine not exceeding five pounds for each day during which the contravention continues.

ARTICLE 32

ORDERS

(1)           The Committee may by order prescribe anything which it may under this Law prescribe.

(2)           The Subordinate Legislation (Jersey) Law, 196015 shall apply to orders made under this Law.

ARTICLE 33

SHORT TITLE AND COMMENCEMENT

(1)           This Law may be cited as the Water (Jersey) Law, 1972.

R&O 5978 14 73

(2)           This Law shall come into force on such day or days as the States may by Act appoint, and different days may be fixed for different purposes and different provisions of this Law.

 

E.J.M. POTTER

 

Greffier of the States.



1        Tomes I–III, page 232.

2        Tomes I–III, page 232.

3        Tome 1957–1960, page 555.

4        Tome 1954–1956, page 375.

5        Tome 1963–1965, page 39.

6        Tome 1961–1962, page 396 and page 179 of this volume.

7        Tome 1961–1962, page 395.

8        Tome 1961–1962, pages 397 and 398.

9        Tome 1961–1962, page 391.

10      Tome 1963–1965, page 171 and page 179 of this volume.

11      Tome 1957–1960, page 357.

12      Tome 1957–1960, page 358.

13      Tome1954–1956, page 115.

14      Tome 1957–1960, page 519.

15      Tome 1957–1960, page 519.


Page Last Updated: 09 Jun 2015