Water Act 1991

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AT 24 of 1991

WATER ACT 1991

Water Act 1991 Index


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WATER ACT 1991

Index Section Page

PART I – MANX UTILITIES AUTHORITY 7

1 The Authority .................................................................................................................. 7
2 Functions of Authority ................................................................................................... 7
2A Application of section 2 ................................................................................................. 8
PART II – COLLECTION AND DISTRIBUTION OF WATER 8

3 Power to take water etc .................................................................................................. 8
4 Compensation water ...................................................................................................... 9
5 Orders to meet deficiencies in water supply ............................................................ 10
6 Execution of works for protection of water .............................................................. 11
7 Agreements as to drainage etc of land....................................................................... 11
8 Byelaws for preventing water pollution .................................................................... 12
9 Extinguishment of private rights of way ................................................................... 13
10 Safety of reservoirs ....................................................................................................... 13
11 Illegal diversion of streams etc ................................................................................... 13
PART III – PUBLIC WATER SUPPLY 14

12 Compulsory area of supply ......................................................................................... 14
13 Sufficiency and purity of supply ................................................................................ 14
14 Analysis of public water supplies .............................................................................. 14
15 Power to lay mains ....................................................................................................... 15
16 Requisition for new mains ........................................................................................... 15
17 Agreement for provision of new mains ..................................................................... 16
18 Power to break open streets etc .................................................................................. 16
19 Right to demand domestic water supply .................................................................. 16
20 Powers to require connection of domestic water supply ........................................ 17
21 Water supply- further provisions ............................................................................... 18
22 Standards of performance ........................................................................................... 18
23 Byelaws for preventing waste etc of water ............................................................... 19
24 Civil liability for escapes of water .............................................................................. 19
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PART IV – WATER RATES AND CHARGES 20

25 Power to levy water rate ............................................................................................. 20
26 Exemption from water rate ......................................................................................... 21
27 Liability for water rate ................................................................................................. 21
28 [Repealed] ...................................................................................................................... 22
29 Agreed charges for domestic supply ......................................................................... 22
30 Water for trade and other purposes .......................................................................... 22
31 Power to cut off supply ............................................................................................... 22
32 Further provisions as to water rates and charges .................................................... 23
PART V – FINANCIAL PROVISIONS 23

33 General financial duty of Authority .......................................................................... 23
34 Restrictions on capital expenditure ........................................................................... 24
35 Borrowing powers ........................................................................................................ 24
35A Application of this Part................................................................................................ 24
PART VI – MISCELLANEOUS AND SUPPLEMENTAL 25

Miscellaneous 25

36 Pollution of water used for human consumption .................................................... 25
37 Remedial powers as to private supplies ................................................................... 26
38 Works affecting telecommunications apparatus ..................................................... 28
Supplemental 28

39 Powers of entry ............................................................................................................. 28
40 Entry for purposes of survey ...................................................................................... 30
41 Interference with works .............................................................................................. 31
42 Orders, regulations and byelaws ............................................................................... 31
43 Legal proceedings ........................................................................................................ 32
44 Arbitration ..................................................................................................................... 32
45 Power to require occupier to permit works by owner ............................................ 32
46 Interpretation ................................................................................................................ 33
47 Savings, amendments and repeals ............................................................................. 35
48 Short title and commencement ................................................................................... 35
SCHEDULE 1 37

ORDERS UNDER SECTIONS 3 AND 4 37
SCHEDULE 2 38

EXISTING PROVISIONS AS TO COMPENSATION WATER 38
SCHEDULE 3 39

SAFETY OF RESERVOIRS 39
SCHEDULE 4 46

PURITY OF WATER SUPPLY 46
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SCHEDULE 5 48

WATER SUPPLY: MISCELLANEOUS PROVISIONS 48
SCHEDULE 6 58

WATER RATES AND CHARGES 58
SCHEDULE 7 62

SAVINGS 62
SCHEDULE 8 63

AMENDMENT OF ENACTMENTS 63
SCHEDULE 9 63

ENACTMENTS REPEALED 63
APPENDIX 64
ENDNOTES 67

TABLE OF LEGISLATION HISTORY 67
TABLE OF RENUMBERED PROVISIONS 67
TABLE OF ENDNOTE REFERENCES 67

Water Act 1991 Section 1


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c i e
WATER ACT 1991

Received Royal Assent: 15 October 1991
Passed: 15 October 1991
Commenced: See endnotes
AN ACT
to re-enact with amendments the enactments relating to water supply.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
PART I – MANX UTILITIES AUTHORITY
1

1 The Authority

(1) The Manx Utilities Authority (as established by article 4 of the Transfer
of Functions (Manx Utilities Authority) Order 2014) has the functions set
out in this Part (in addition to other functions conferred under any other
enactment).
(2) The provisions of Schedule 1 to the Electricity Act 1996 have effect with
respect to the constitution of the Authority.2

2 Functions of Authority

[1972/3/1(2)(b)]
(1) It shall be the duty of the Authority —
(a) to supply water in the Island subject to and in accordance with
this Act;
(b) to exercise the functions conferred on it with respect to flood risk
management within the Island subject to and in accordance with
the Flood Risk Management Act 2013; and3

(c) to provide a sewerage system for the Island subject to and in
accordance with the Sewerage Act 1999.4

(2) The Authority shall promote the safety, health and welfare of persons in
its employment.
Section 3 Water Act 1991


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(3) The Authority, in consultation with any organisation appearing to it to
be appropriate, shall make provision for advancing the skill of persons
employed by it, including the provision by the Authority, and the
assistance of the provision by others, of facilities for training and
education.
(4) The Authority may conduct, promote or assist research or investigations
into any matter concerning any of its statutory functions.5

(5) The Authority may provide assistance (including financial assistance) to
any institution or body whose activities or any of them are such as, in the
opinion of the Authority, to be of benefit to it.
(6) The Authority shall comply with such directions regarding the exercise
of its functions as may be given by the Department of Infrastructure (in
this Act referred to as “the Department”).6

(7) Without prejudice to the generality of the Department’s powers under
subsection (6), directions under that subsection may relate to —
(a) standards of customer service;
(b) customer complaints procedures;
(c) general environmental and recreational responsibilities.
(8) Subsections (6) and (7) are without prejudice to —
(a) section 33(2) to (5) (directions by the Treasury); and
(b) paragraph 12 of Schedule 2 to the Statutory Boards Act 1987
(directions by the Governor in Council).
2A Application of section 2

To avoid doubt, section 2 —
(a) applies in respect of those functions of the Authority which were
previously the functions of the Isle of Man Water and Sewerage
Authority before the coming into operation of the Transfer of
Functions (Manx Utilities Authority) Order 2014; and
(b) does not apply in respect of those functions of the Authority
which were previously the functions of the Manx Electricity
Authority before the coming into operation of that Order.7

PART II – COLLECTION AND DISTRIBUTION OF WATER

3 Power to take water etc

[P1945/42/26; 1972/3/25]
(1) For the purposes of its functions the Authority may —
(a) take any springs, streams and other sources of water vested in the
Authority or which it is authorised under this section to take; and
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(b) construct, acquire, alter and maintain waterworks and works
connected therewith.
(2) The Authority may, with the approval of the Department, acquire by
agreement the right to take water from any spring, stream or other
source.
(3) The Department may on the application of the Authority by order
provide for the compulsory acquisition by the Authority of the right to
take water from any spring, stream or other source specified in the order,
to such extent and in such circumstances as may be so specified.
(4) Schedule 1 shall have effect in relation to the making of an order under
subsection (3).
(5) Subject to the following provisions of this Part, the Authority shall pay to
all persons interested in any water taken or used by the Authority under
this section compensation for the value of the water so taken or used and
for all damage sustained by them.
(6) Where the Authority enters on any land in exercise of the powers
conferred by subsection (1)(b), it shall, except where section 15 applies,
pay compensation to any person injuriously affected.
(7) Compensation payable under subsection (5) or (6) shall be determined in
accordance with Part III of the Acquisition of Land Act 1984.
4 Compensation water

[1979/26/1]
(1) Where the Authority takes or proposes to take any spring or stream of
water, the Department may by order provide that —
(a) during the construction of any waterworks for that purpose, the
flow of any stream to be affected thereby shall not be reduced
below such flow as may be prescribed, save to the extent that the
natural flow is for the time being less than that flow;
(b) after completion of the waterworks, there shall be discharged into
the stream, at such point as the Department may approve within
the limits prescribed by the order, such flow of water as may be
prescribed.
(2) An order under this section shall —
(a) prescribe the point at which the prescribed flow under
subsection (1)(a) shall obtain; and
(b) provide for the payment of compensation to any person
injuriously affected by the reduction of the flow of any stream
consequent on the taking of the water.
(3) An order under this section may —
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(a) prescribe the method by which the prescribed flow is to be
measured;
(b) make such further and consequential provisions as appear to the
Department expedient, having regard to the functions of the
Authority and the needs of riparian owners and other persons
appearing to the Department to have a substantial interest in the
flow of the stream.
(4) Schedule 1 shall have effect in relation to the making of an order under
this section.
(5) No compensation shall be payable under section 3(5) in relation to the
taking of any water to which an order under this section relates, except
with respect to any land above the point of discharge approved under
subsection (1)(b).
(6) Schedule 2 shall have effect for the purpose of re-enacting certain
existing enactments imposing obligations on the Authority with respect
to compensation water and related matters.
5 Orders to meet deficiencies in water supply

[1979/26/2]
(1) If the Department is satisfied that, by reason of exceptional shortage of
rain or any other cause, a serious deficiency of water exists or is likely to
occur, it may on the application of the Authority make an order making
such of the following provisions as appear to the Department to be
expedient for the purpose of meeting the deficiency —
(a) authorising the Authority to suspend or reduce, subject to any
specified conditions or restrictions, the supply of compensation
water;
(b) suspending or modifying, subject to any specified conditions or
restrictions, any special obligation imposed on the Authority.
(2) An order under this section shall be laid before Tynwald as soon as may
be after it is made.
(3) An order under this section shall remain in force for such period not
exceeding 6 months as may be specified in the order.
(4) Except in a case which it considers to be an emergency, the Department
shall not make an order under this section unless, before making
application therefor, the Authority has given 7 days’ notice to such
persons as the Department thinks appropriate.

(5) Any person to whom notice is given under subsection (4) may make
representations to the Department with respect to the order.
(6) In this section —
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“compensation water” means the volume of water required to be delivered by
an order under section 4 or any provision of Schedule 2;
“special obligation” means an obligation to supply water following the
reduction in the flow of any river arising out of the abstraction therefrom
of any water by the Authority.
6 Execution of works for protection of water

[1972/3/32]
(1) The powers of the Authority to acquire land for the purpose of its
functions include power to acquire land for the purpose of protecting
against pollution any water, whether on the surface or underground,
vested in the Authority or which the Authority is authorised to take.
(2) The Authority may construct on land and maintain drains, sewers,
watercourses, catchpits and other works for intercepting, treating or
disposing of any foul water arising or flowing on the land, or for
otherwise preventing water vested in the Authority or which it is
authorised to take from being polluted.
(3) Before constructing any works under subsection (2) the Authority shall
consult the Department of Environment, Food and Agriculture.8

(4) If the Authority proposes to construct any drain, sewer or watercourse
under subsection (2), it may with the consent of the Department (which
may be given subject to such conditions as that Department thinks fit)
carry the drain, sewer or watercourse under, across or along any
highway.9

(5) Section 18 (breaking open of streets) applies with any necessary
modifications to works under subsection (4).
7 Agreements as to drainage etc of land

[1972/3/33]
(1) The Authority may enter into an agreement with the owner or occupier
of any land with respect to the execution and maintenance by any party
to the agreement of works for draining that land or for more effectually
collecting, conveying or preserving the purity of water vested in the
Authority or which the Authority is authorised to take.
(2) Before entering into an agreement under this section the Authority shall
consult the Department of Environment, Food and Agriculture.10

(3) [Repealed]11

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8 Byelaws for preventing water pollution

[1972/3/4/52]
(1) If it appears to the Department to be necessary for the purpose of
protecting against pollution any water, whether on the surface or
underground, which is vested in the Authority or which the Authority is
authorised to take, the Department, on the application of the Authority,
may make byelaws —
(a) defining the area to which the byelaws apply;
(b) prohibiting or regulating the doing within that area of any act
specified in the byelaws; and
(c) making different provision for different parts of the area to which
the byelaws apply.
(2) The Authority may by notice require the owner or the occupier of any
land to which byelaws under this section apply to execute and keep in
repair such works as it considers necessary for preventing pollution of
any such water.
(3) Subject to subsection (4), a person who fails to comply with a
requirement made on him under subsection (2) shall be guilty of an
offence and liable on summary conviction to the same penalty as if he
had committed an offence under the byelaws.
(4) A person who considers that a requirement made on him under
subsection (2) is unreasonable may, within 28 days after service of the
notice on him, appeal to the Department who may, if it considers that the
requirement is unreasonable, modify or disallow it.
(5) The Authority shall pay compensation to the owner and the occupier of,
and any other person interested in, any premises within the area to
which byelaws under this section apply in respect of —
(a) any curtailment or injurious affection of his legal rights by
prohibitions or restrictions imposed by the byelaws; and
(b) any expenses incurred by him in complying with a requirement
under subsection (2) to construct and maintain any works the
construction of which could not, apart from this section, lawfully
have been required by a public authority otherwise than on
payment of compensation.
(6) Any question as to the amount of compensation to be paid under
subsection (5) shall be determined —
(a) in the case of paragraph (a), in accordance with Part III of the
Acquisition of Land Act 1984;
(b) in the case of paragraph (b), by arbitration.
(7) Where a requirement has been made on a person under subsection (2)
and either —
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(a) he has not appealed against the requirement and the time for
appealing has expired, and he has failed to comply with the
requirement, or
(b) his appeal has been dismissed or the requirement has been
modified on appeal and he has failed to comply with the
requirement as modified,
the Authority may, without prejudice to subsection (3), execute and keep
in good repair the works specified in the requirement (as originally made
or as modified on appeal, as the case may be).
(8) The Authority may recover from the person in default the expenses
reasonably incurred in carrying out any works under subsection (7),
except expenses incurred in respect of works the construction of which
could not, apart from this section, lawfully have been required by a
public authority otherwise than on payment of compensation.
9 Extinguishment of private rights of way

[1972/3/22]
(1) Any private right of way over land vested in the Authority shall, if the
Authority so decides and gives notice of its decision to the owner of the
right, be extinguished as from the acquisition by it of the land or the
expiration of one month from the service of the notice, whichever is the
later.
(2) The Authority shall pay compensation to all persons interested in respect
of any right extinguished under this section, such compensation to be
determined in accordance with Part III of the Acquisition of Land Act 1984.
10 Safety of reservoirs

Schedule 3 shall have effect for the purpose of securing the safety of certain
reservoirs.
11 Illegal diversion of streams etc

[1972/3/4/49]
Any person who without lawful authority —
(a) diverts any water supplying or flowing into any spring, stream or
other source of water vested in the Authority or which the
Authority is authorised to take, or
(b) does any act whereby any such stream or supply is drawn off or
diminished in quantity,
and does not immediately repair the injury on being required to do so by the
Authority so as to restore the water to the state in which it was before the
diversion or other act, shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £1,000.
Section 12 Water Act 1991


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PART III – PUBLIC WATER SUPPLY

12 Compulsory area of supply

[1972/3/35]
(1) Subject to any order under subsection (2), the compulsory area of supply
shall be —
(a) every town district and village district within the boundaries
existing on the 16th May 1972; and
(b) 300 feet on either side of any mains (not being trunk mains) laid
and charged with water elsewhere in the Island.
(2) The Department may by order declare that any further area shall be
added to and form part of the compulsory area of supply.
13 Sufficiency and purity of supply

[1972/3/4/11]
(1) The Authority shall provide in its mains and communication pipes a
supply of wholesome water sufficient for the domestic purposes or food
production purposes of all owners and occupiers of premises within the
compulsory area of supply who are under this Act entitled to demand a
supply for those purposes.12

(2) Schedule 4 shall have effect with respect to the purity of water supply
under this Act.
14 Analysis of public water supplies

(1) The public analyst shall, not less often than once in each month and
whenever called upon to do so by the Department of Environment, Food
and Agriculture, the director of public health or any local authority, take
samples of water for examination from each source of public water
supply and from such other places as the analyst may think necessary or
as required by the director of public health.13

(2) The public analyst shall report the result of his analysis of such samples
to the said Department, the Authority, the director of public health and
any local authority which has requested a sample.14

(3) Each report under subsection (2) shall state whether in the opinion of the
public analyst the public supply is of sufficient purity and quality as to
be fit for domestic purposes, and may contain such additional
observations as he may consider necessary in the circumstances.
(4) If in any report the public analyst states that in his opinion the public
supply is not of sufficient purity and quality as to be fit for domestic
purposes, the Authority shall take such action as is necessary to make it
fit for those purposes, and the public analyst shall take such further
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samples as he may consider necessary and report the results thereof until
the public supply is so fit.
(5) The public analyst shall at all reasonable times have free access to the
waterworks and sources of public supply of the Authority for the
purpose of inspecting and examining those works and sources, and the
Authority shall provide all proper facilities for making such inspection
and examination.
(6) In this section “public supply” means the supply of water by the
Authority to consumers upon payment.
15 Power to lay mains

[1972/3/4/1]
(1) The Authority may lay mains —
(a) subject to the provisions of the road works code, in any street, and
(b) after giving reasonable notice to the owner or occupier of any land
not forming part of a street, in, on or over that land.
(2) The Authority may inspect, repair, alter, renew or remove any main laid
by it, whether by virtue of subsection (1) or otherwise.
(3) [Repealed]15

(4) Where the Authority in exercise of its powers under this section —
(a) lays a main in, on or over land not forming part of a street, or
(b) inspects, repairs, alters, renews or removes a main laid in, on or
over any such land,
it shall pay compensation to the owners and occupiers of and every
person interested in that land for any damage done to or injurious
affection of that land and for all damage sustained by them by reason of
those works, such compensation to be determined in accordance with
Part III of the Acquisition of Land Act 1984.
(5) The Authority may erect and maintain in any street notices indicating the
position of underground water fittings used for controlling the flow of
water through any main, and may affix such a notice to any house or
other building, wall or fence.
(6) In this section “street” does not include a private street within the
curtilage of a factory or other premises.
16 Requisition for new mains

[P1945/42/3/29]
(1) The Authority shall lay any necessary mains and bring water to any area
within the compulsory area of supply if —
Section 17 Water Act 1991


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(a) it is required to do so by any owners and occupiers of premises in
that area who require a supply of water for domestic purposes;
(b) the aggregate amount of water rates payable annually by those
owners and occupiers in respect of those premises at the rates for
the time being charged by the Authority will be not less than one-
eighth of the expense of providing and laying the necessary
mains; and
(c) those owners and occupiers agree severally with the undertakers
to take a supply of water for 3 years at least.
(2) The Authority shall comply with a requirement under subsection (1)
within 3 months after it is made, or within such extended period as may
be agreed or (in default of agreement) determined by arbitration.
17 Agreement for provision of new mains

(1) The Authority may enter into an agreement with any person, being the
owner or occupier of any premises, whereby that person undertakes to
defray or contribute towards the expenses incurred or to be incurred by
the Authority in constructing any mains, pipes or other waterworks
which appear to the Authority to be likely to benefit those premises.
(2) An agreement under this section may include provision for securing the
payment of any sums due thereunder.
18 Power to break open streets etc

[1972/3/4/3]
(1) For the purpose of any functions of the Authority relating to the
construction, laying or maintenance of mains, pipes or other waterworks,
the Authority may —
(a) open and break up any street;
(b) open and break up any sewers, drains or tunnels in or under any
street;
(c) remove and use all earth and materials in or under any street.
(2) In the exercise of its powers under this section the Authority shall cause
as little inconvenience and do as little damage as may be, and shall pay
compensation for any damage done, such compensation to be
determined in case of dispute by arbitration.
19 Right to demand domestic water supply

[1972/3/4/10]
(1) An owner or occupier of —
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(a) any premises within the compulsory area of supply, to which a
proper supply pipe is connected or in respect of which
paragraphs 4 and 5 of Schedule 5 have been complied with; or
(b) any premises outside the compulsory area of supply to which a
proper supply pipe is connected;
is entitled to demand and receive from the Authority a supply of water
sufficient for domestic purposes for those premises.
(2) Nothing in this Act entitles any person to demand a supply of water
from a trunk main, or requires the Authority without its consent to
deliver water at a height greater than that to which it will flow by
gravitation through its mains from the service reservoir or tank from
which the supply in question is taken.
(3) The Authority may, in its discretion determine the service reservoir or
tank from which any supply is taken.
(4) The Authority shall be under no liability if the failure to furnish or
maintain a supply is due to —
(a) frost, drought, unavoidable accident or other unavoidable cause,
or the execution of necessary works; or
(b) failure of the person aggrieved to comply with any enactment
relating to or byelaw of the Authority.
20 Powers to require connection of domestic water supply

[1972/3/38]
(1) Where a local authority is satisfied that any occupied house in its district
has not a supply of wholesome water in pipes in the house sufficient for
the domestic purposes of the occupants, the local authority may —
(a) if it is satisfied that in all the circumstances it is reasonable to
require the owner of the house to connect it to a supply of water
in pipes provided by the Authority, by notice require him within
a time specified in the notice to connect the house to such a
supply;
(b) if it is not so satisfied, but is satisfied that it is reasonable to
require him otherwise to take water into the house by means of a
pipe, by notice require him within a time specified in the notice so
to take water into the house.
(2) Where a local authority is satisfied that any occupied house in its district
has not within a reasonable distance a supply of wholesome water
sufficient for the domestic purposes of the occupants, and that in all the
circumstances it is not reasonable to require the owner to connect the
house or to take water into the house as mentioned in subsection (1), the
local authority may by notice require him within a time specified in the
Section 21 Water Act 1991


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notice to provide a sufficient supply of wholesome water within a
reasonable distance of the house.
(3) Any of the functions exercisable by a local authority under this section
shall also be exercisable by the Department of Environment, Food and
Agriculture after consultation with the local authority; and in relation to
the exercise of any such functions by the Department of Environment,
Food and Agriculture any reference in subsection (1) or (2) to a local
authority shall be construed as a reference to that Department.16

21 Water supply- further provisions

The provisions set out in Schedule 5 shall have effect in relation to the supply of
water by the Authority.
22 Standards of performance

(1) The Department may by regulations prescribe such standards of
performance in connection with the provision of supplies of water as, in
its opinion, ought to be achieved in individual cases; and such
regulations may provide that, if the Authority fails to meet a prescribed
standard it shall pay such amount as may be prescribed to any person
who is affected by the failure and is of a prescribed description.
(2) Regulations under subsection (1) may —
(a) include in a standard of performance a requirement for the
Authority, in prescribed circumstances, to inform a person of his
rights by virtue of any such regulations;
(b) provide for any dispute under the regulations to be referred by
either party to arbitration or to the Department;
(c) make provision for the procedure to be followed in connection
with a reference to the Department and for the Department’s
determination on such a reference to be enforceable in such
manner as may be prescribed;
(d) prescribe circumstances in which the Authority is to be exempted
from requirements of the regulations.
(3) Before making regulations under this section the Department shall
consult the Authority.
(4) Any obligations imposed upon the Authority by this Part, and any
remedy available in respect of a contravention of such an obligation, are
in addition to any duty imposed by or remedy available under
regulations under this section, and are not in any way qualified by such
regulations.
(5) In this section “prescribed” means prescribed by regulations under this
section.
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23 Byelaws for preventing waste etc of water

[1972/3/4/51; 1989/6/1/25]
(1) The Department shall make byelaws for preventing waste, undue
consumption, misuse or contamination of water supplied by the
Authority.
(2) The Department may make byelaws for ensuring the adequacy of the
supply of water to consumers and the adequacy, capacity and efficiency
of their installations.
(3) Byelaws under this section may include provisions —
(a) prescribing the size, nature, materials, strength and workmanship,
and the mode of arrangement, connection, disconnection,
alteration and repair, of the water fittings to be used;
(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;
(c) prohibiting any person carrying on for reward any work to or in
connection with pipes or water fittings, being work of a kind
specified in the byelaws, unless he is for the time being entered in
a list kept by the Authority for the purpose of the byelaws;
(d) imposing conditions in respect of the inclusion or retention of
persons in such a list.
(4) If a person contravenes any byelaw under this section, the Authority
may, without prejudice to proceedings for such contravention, cause any
water fittings belonging to or used by him which are not in accordance
with the requirements of the byelaws to be altered, repaired or replaced,
and may recover from him the expenses reasonably incurred in so doing.
24 Civil liability for escapes of water

[P1981/12/6]
(1) Where an escape of water, however caused, from a communication pipe
or main of the Authority causes loss or damage, the Authority shall be
liable, except as otherwise provided in this section, for the loss or
damage.
(2) The Authority shall not incur any liability under subsection (1) if the
escape was due wholly to the fault of the person who suffered the loss or
damage or of any servant, agent or contractor of his.
(3) The Authority shall not incur any liability under subsection (1) in respect
of any loss or damage suffered by —
(a) any Department or Statutory Board; or
Section 25 Water Act 1991


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(b) any person or body authorised by any statutory provision to carry
on a railway, tramway, road transport, harbour or lighthouse
undertaking, or any undertaking for the supply of electricity, gas
or water,
for which the Authority would not be liable apart from that subsection.
(4) Nothing in subsection (1) affects any entitlement which the Authority
may have to recover contribution under the Civil Liability (Contribution)
Act 1981; and for the purposes of that Act any loss for which the
Authority is liable under that subsection shall be treated as if it were
damage.
(5) Where the Authority are liable, under any enactment or agreement
passed or made before the commencement of this section, to make a
payment in respect of any loss or damage, it shall not incur liability
under subsection (1) in respect of the same loss or damage.
(6) In this section —
“damage” includes the death of, or injury to, any person (including any disease
and impairment of physical or mental condition);
“fault” has the same meaning as in the Law Reform (Contributory Negligence) Act
1946.
PART IV – WATER RATES AND CHARGES

25 Power to levy water rate

[1972/3/36; 1973/3/1]
(1) Subject to the provisions of this Part, the Authority may for the purposes
of its undertaking levy and charge in every rating year a water rate for
the supply of water for domestic purposes on hereditaments within the
compulsory area of supply according to the valuation for the time being
in force for rating purposes under the Rating and Valuation Act 1953.17

(2) A water rate shall be calculated at a rate poundage —
(a) in the case of a house or of any premises not used solely for
business, trade or manufacturing purposes or for the exercise of
functions by a public authority, on the rateable value thereof;
(b) in the case of any other premises, on such proportion of the
rateable value as the Department may determine.
(3) The Authority may in respect of any particular hereditament, instead of
levying and charging a rate in accordance with subsection (2), levy and
charge a rate of £12.
Water Act 1991 Section 26


c AT 24 of 1991 Page 21

(4) The Department may by order vary the amount specified in
subsection (3) (or the amount for the time being substituted therefor by a
previous order under this subsection).
26 Exemption from water rate

[1972/3/36A; 1973/3/2]
(1) Where the Authority considers that in any rating year it would be
unreasonable in relation to any particular hereditament to demand the
water rate levied because of the inability of the Authority to supply
water thereto in accordance with this Act, the Authority may exempt any
person liable to pay the rate from the liability in respect of that year.18

(2) If, after application by any person to the Authority for exemption under
subsection (1), the Authority refuses to exempt him, that person may
apply to the High Court, who may by order grant such exemption as it
thinks fit.
27 Liability for water rate

[1972/3/39; 1973/3/3]
(1) The water rate shall be due and payable to the Authority in advance on
the 1st April in each year.19

(2) Subject to subsection (4), the water rate shall be a charge on the
hereditament, ranking pari passu with the rates referred to in section 49 of
the Rating and Valuation Act 1953 and the rates levied by local authorities.
(3) Subject to the provisions of this Act relating to the liability of owners for
water rates —
(a) the water rate shall be paid by the first occupier;
(b) if default is made by the first occupier, the rate shall be paid by
the subsequent occupier;
(c) if default is made by the first occupier and the subsequent
occupier, or if default is made by the first occupier and there is no
subsequent occupier, then (subject to subsection (4)) the rate shall
be paid by the owner.
(4) The water rate payable in respect of a period before the current rating
year shall not be enforceable against the property or the owner unless
notice in writing that it remains unpaid has been given to the owner
during, or within one month after the end of, the rating year in which it
became payable.
(5) In the case of a hereditament to which section 28 applies, the half of the
rate which is payable in the first instance shall be paid by the owner, and
any proportion of the other half which may become payable shall be paid
in accordance with subsection (3).
Section 28 Water Act 1991


Page 22 AT 24 of 1991 c

(6) For the purposes of this section, default in payment of the water rate
shall be treated as made if payment has not been made within a
reasonable time after notice thereof has been served.
(7) In this section —
“first occupier” means the first person in actual occupation of the hereditament
in the rating year in question;
“subsequent occupier” means the person in actual occupation of the
hereditament after the first occupier in the rating year in question.
28 [Repealed]
20

29 Agreed charges for domestic supply

[1972/3/4/27]
(1) The Authority, instead of charging a water rate, may agree with any
person requiring a supply of water for domestic purposes within the
compulsory area of supply to furnish the supply, whether by meter or
otherwise, on such terms and conditions as may be agreed.
(2) Charges payable under this section (including charges for any meter
supplied by the Authority) shall be recoverable in the manner in which
water rates are recoverable.
30 Water for trade and other purposes

[1972/3/37]
(1) Subject to subsection (2), the Authority may contract for the supply of
water —
(a) to persons within the compulsory area of supply to be used for
trade purposes or for purposes other than domestic use; and
(b) to persons outside the compulsory area for the supply of water for
any purpose;
at such rates or charges and upon such terms and conditions as may be
fixed by the Authority.
(2) Any rate or charge for the supply of water for domestic purposes outside
the compulsory area shall be the same as the rate levied or charge made
in that area for a supply for domestic purposes.
31 Power to cut off supply

[1972/3/40]
(1) Subject to subsection (2), where a person fails to pay within 14 days after
demand any water rate or charge payable by him in respect of any land
or premises or for a supply of water, the Authority may cut off the
Water Act 1991 Section 32


c AT 24 of 1991 Page 23

supply and recover from him the expenses reasonably incurred in so
doing.
(2) If, before the expiration of the said 14 days, the Authority is given notice
that there is a dispute as to the liability to pay, or the amount due in
respect of, the water rate or charge, the Authority shall not cut off the
supply of water until the dispute has, on the application of either party,
been settled by a decision of the High Court.
(3) Where the Authority pursuant to subsection (2) or otherwise cuts off the
supply to an inhabited house, it shall within 48 hours give notice that it
has done so to the local authority for the district in which the house is
situated.
32 Further provisions as to water rates and charges

[1972/3/39B; 1973/3/4]
(1) [Repealed]21

(2) Schedule 6 shall have effect in relation to water rates and charges for
water supply.
PART V – FINANCIAL PROVISIONS

33 General financial duty of Authority

[1984/7/8]
(1) The Authority shall perform its functions so as to secure that its revenue
is not less than sufficient to meet charges properly chargeable to revenue
account, taking one year with another, and to enable the Authority to
make such allocations to reserves as it considers adequate or as the
Treasury may direct under subsection (2)(b).
(2) The Treasury may give to the Authority directions as to —
(a) any matter relating to the establishment or management of
reserves; or
(b) the sums to be allocated to those reserves; or
(c) the application of those reserves;
and the Authority shall comply with any such directions.
(3) A direction under subsection (2)(b) requiring the allocation of any sum to
reserve may require in addition that the sum be so allocated for a
particular purpose specified in the direction.
(4) Directions given by the Treasury under subsection (2) may be given to
have effect earlier than that on which they are given.
(5) No direction shall be given under subsection (2) except after consultation
with the Authority.
Section 34 Water Act 1991


Page 24 AT 24 of 1991 c

34 Restrictions on capital expenditure

[1984/7/9]
The Authority shall with the approval of the Treasury settle a general
programme of measures of reorganisation or works of development which
involve substantial outlay on capital account, and before carrying out any such
measures or works the Authority shall consult with the Treasury.
35 Borrowing powers

[1984/7/10]
(1) The Authority shall not borrow any money except in accordance with
this section.
(2) The Authority may borrow temporarily, by way of overdraft or
otherwise either from the Government or, with the consent of the
Treasury, from any other person, such sums as the Authority may
require for meeting its obligations or performing its functions.
(3) The Authority may borrow from the Government otherwise than by way
of temporary loan, such sums as the Authority may require for all or any
of the following purposes —
(a) the provision of money for meeting any expenditure incurred by
the Authority in connection with any works, the cost of which is
properly chargeable to capital account;
(b) the provision of any working capital required by the Authority;
(c) the repayment of any sums borrowed by the Authority under this
section;
(d) any other purpose for which capital money is properly applicable
by the Authority, including the repayment of any sums borrowed
by the Authority or any predecessor of the Authority under
section 29 of the Water Act 1972 (either as originally enacted or as
substituted by Schedule 3 to the Isle of Man Loans Act 1974) or any
enactment repealed by that Act,
(e) any other payment which the Authority is authorised to make and
which ought, in the opinion of the Treasury, to be spread over a
term of years.
35A Application of this Part

To avoid doubt, this Part —
(a) applies in respect of those functions of the Authority which were
previously the functions of the Isle of Man Water and Sewerage
Authority before the coming into operation of the Transfer of
Functions (Manx Utilities Authority) Order 2014; and
Water Act 1991 Section 36


c AT 24 of 1991 Page 25

(b) does not apply in respect of those functions of the Authority
which were previously the functions of the Manx Electricity
Authority before the coming into operation of that Order.22

PART VI – MISCELLANEOUS AND SUPPLEMENTAL

Miscellaneous
36 Pollution of water used for human consumption

[1972/3/4/58]
(1) If any person is guilty of an act or neglect whereby any spring, well,
borehole, adit or reservoir, the water from which is used or likely to be
used for human consumption or domestic purposes, or for
manufacturing food or drink for human consumption, is polluted or
likely to be polluted, he shall be guilty of an offence and liable on
summary conviction to a fine not exceeding £5,000, or on conviction on
information to a fine.
(2) The Department of Environment, Food and Agriculture may, after
consultation with the Department and the Authority, issue a code of
practice for the purpose of giving practical guidance as to the effect of
agricultural activities on any such water, and promoting desirable
practices for avoiding or minimising the pollution of any such water; and
the court shall have regard to any such code of practice in determining
the liability of any such person in any proceedings under this section.
A code of practice issued or approved under this subsection shall be laid
before Tynwald.23

(3) Any officer of the Authority or the Department of Environment, Food
and Agriculture, or of a local authority in whose district any such spring,
well, borehole, adit or reservoir is situated, duly authorised for the
purpose by the Authority, the said Department or the local authority,
may at all reasonable hours enter any premises for the purpose of
ascertaining whether there is or has been any contravention of this
section.24

(4) Section 39(2) to (7) applies to entry for the purposes of subsection (3) as it
applies to entry for the purposes of section 39(1).
(5) Any person who —
(a) bathes in any reservoir or other waterworks vested in the
Authority or in any stream vested in the Authority or which the
Authority is authorised to take;
(b) washes, throws or causes to enter in any such reservoir,
waterworks or stream any dog or other animal;
Section 37 Water Act 1991


Page 26 AT 24 of 1991 c

(c) throws or deposits any rubbish, dirt, filth or other noisome thing
into any such reservoir, waterworks or stream;
(d) washes or cleans in any such reservoir, waterworks or stream any
cloth, wool, leather, animal skin, clothes, vehicle or other thing;
(e) causes the water of any sink, sewer, drain, engine or boiler or any
other filthy water under his control to run or be brought into any
such reservoir, waterworks or stream;
(f) does any other act whereby the water of the Authority is fouled;
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £2,500.
37 Remedial powers as to private supplies

[P1989/15/57]
(1) This section applies to any premises which are supplied with water for
domestic purposes or food production purposes by means of a private
supply.25

(2) Where the Department of Environment, Food and Agriculture is
satisfied —
(a) that any water which is being, has been or is likely to be supplied
for those purposes to the premises by means of that private
supply is not, was not or, as the case may be, is likely not to be
wholesome, or
(b) that the private supply is failing, has failed or is likely to fail to
provide to any house on the premises such a supply of
wholesome water as is sufficient for domestic purposes (so far as
the house is concerned),
that Department may serve a notice in relation to that private supply on
one or more of the persons specified in subsection (3).26

(3) The persons on whom a notice may be served are —
(a) the owners and the occupiers of the premises;
(b) the owners and the occupiers of the premises where the source of
the private supply is situated; and
(c) any other person who exercises powers of management or control
in relation to that source.
(4) The notice shall —
(a) give particulars of the matters mentioned in subsection (2) in
respect of which the notice is served;
(b) specify the steps which, in the opinion of the Department of
Environment, Food and Agriculture, are required to be taken for
ensuring that there is a supply of water to those premises which is
Water Act 1991 Section 37


c AT 24 of 1991 Page 27

both wholesome and (so far as any house on the premises is
concerned) sufficient for domestic purposes; and27

(c) specify a period, ending not less than 28 days after the date of
service of the notice, within which any representations or
objections with respect to the notice may be made to that
Department.
(5) A notice may —
(a) state that the Department of Environment, Food and Agriculture
will itself take such of the steps required by the notice to be taken
as may be specified for the purpose in the notice;28

(b) require the person on whom the notice is served, within such
reasonable period as may be specified in the notice, to take such of
the steps required by the notice to be taken as may be specified for
the purpose in the notice;
(c) require that person, at such times as may be determined in
accordance with the notice, to make to another person mentioned
in subsection (3) or to that Department such payments as may be
so determined in respect of expenses reasonably incurred by that
other person or that Department in taking any step specified in
the notice;
(d) require that person to undertake from time to time to make such
payments as may be so determined in respect of expenses
reasonably incurred by that person in taking any step specified in
the notice.
(6) The steps that a notice may require a person to take include —
(a) requiring a supply of water to be provided to the premises by the
Authority or any other person;
(b) taking such steps for the purpose of securing that such a
requirement is complied with, and of enabling such a supply to be
so provided, as may be specified in the notice.
(7) Section 35 of the Local Government Act 1985 (powers of entry) applies to
this section, subject to the modification that subsection (3) has effect with
the addition of the following paragraph —
“(f) may carry out such inspections, measurements and tests on land
entered by that person or of articles found on such land, and take
away such samples of water or of any land or articles as he may
consider appropriate for the purposes of those functions.”.
(8) Sections 36 to 41, 46 to 49 and 57 to 62 of the said Act have effect in
relation to the functions of the Department of Environment, Food and
Agriculture under this section as if, for references to a local authority,
there were substituted references to that Department.29

Section 38 Water Act 1991


Page 28 AT 24 of 1991 c

(9) In this section “private supply” means a supply of water provided
otherwise than by the Authority (including a supply provided for
bottling water); and for the purposes of this section —
(a) water shall be treated as supplied to any premises, not only where
it is supplied from outside the premises, but also where it is
abstracted on the premises for use or consumption on the
premises;
(b) water shall be treated as used on any premises where it is bottled
on the premises for use or consumption elsewhere.
38 Works affecting telecommunications apparatus

Paragraph 24 (undertakers’ works) of the telecommunications code contained in
Schedule 1 to the Telecommunications Act 1984 applies to the Authority for the
purposes of any works the execution of which is authorised by this Act.
Supplemental
39 Powers of entry

[1972/3/4/53(3) and 64]
(1) Subject to the provisions of this section, any authorised officer of the
Authority may enter any premises at all reasonable hours for the
purpose of —
(a) inspecting and examining meters used by the Authority for
measuring the water supplied by it, and ascertaining therefrom
the quantity of water consumed;
(b) ascertaining whether there is or has been on or in connection with
the premises any contravention of this Act or any byelaws made
thereunder;
(c) ascertaining whether there is or has been on or in connection with
the premises any waste or misuse of water supplied by the
Authority;
(d) ascertaining whether or not circumstances exist which would
authorise the Authority to take any action or execute any work
under this Act or any such byelaws;
(e) taking any action or executing any work authorised or required
by this Act or any such byelaws to be taken or executed by the
Authority.
(2) A person empowered to enter any premises under subsection (1) —
(a) shall, if so required before or after entering the premises, produce
if so required evidence of his authority to enter;
(b) may take with him such other persons and such equipment as are
necessary for the purpose in question;
Water Act 1991 Section 39


c AT 24 of 1991 Page 29

(c) shall not, if the premises are occupied, demand admission to the
premises as of right unless 24 hours’ notice of the intended entry
has been given to the occupier;
(d) shall, if the premises are unoccupied when he enters or the
occupier is then temporarily absent, leave them as effectually
secured against trespassers as he found them;
(e) shall not (except with the consent of the occupier or in pursuance
of a warrant under subsection (3)) enter any dwelling which is
occupied.
(3) If it is shown to the satisfaction of a justice of the peace on sworn
information in writing —
(a) that admission to any premises has been refused, or
(b) that refusal is apprehended, or
(c) that the premises are unoccupied, or
(d) that the occupier is temporarily absent, or
(e) that the case is one of urgency, or
(f) that an application for admission would defeat the object of entry,
and that there is reasonable ground for entry into the premises for any
such purpose as is mentioned in subsection (1), the justice may by
warrant under his hand authorise the Authority by any authorised
officer to enter the premises, using reasonable force if need be.
(4) A warrant under subsection (3) shall not be issued unless the justice is
satisfied either —
(a) that notice of intention to apply for the warrant has been given to
the occupier, or
(b) that one of the conditions specified in subsection (3)(c), (d), (e) or
(f) is fulfilled.
(5) A warrant under subsection (3) shall continue in force until the purpose
for which the entry is necessary has been satisfied.
(6) If a person intentionally obstructs an authorised officer of the Authority
in the exercise of a power conferred by this section, he shall be guilty of
an offence and liable on summary conviction to a fine not exceeding
£1,000.
(7) If a person who has entered on land by virtue of this section or of a
warrant under subsection (3) discloses to another person information
obtained by him about a manufacturing process or trade secret, then,
unless the disclosure is made in the course of performing his duty in
connection with the purposes for which he was authorised to enter on
the land, he shall be guilty of an offence and liable —
(a) on summary conviction to a fine not exceeding £5,000;
Section 40 Water Act 1991


Page 30 AT 24 of 1991 c

(b) on conviction on information to imprisonment for a term not
exceeding 2 years or a fine or both.
40 Entry for purposes of survey

[P1989/15/156]
(1) Without prejudice to section 39(1), any authorised officer of the
Authority, and any other person authorised by the Authority, may enter
any premises at all reasonable hours for the purpose of carrying out any
survey or tests for the purpose of determining whether it would be
appropriate for the Authority —
(a) to acquire any land or any right over land for purposes connected
with the carrying out of its functions; or
(b) to apply for an order under section 3(3).
(2) A person empowered to enter premises under subsection (1) may —
(a) subject to section 29 of the Minerals Act 1986, carry out
experimental borings or other works for the purpose of
ascertaining the nature of the subsoil, the presence of
underground water in the subsoil or the quantity or quality of any
such water;
(b) install and keep monitoring or other apparatus on the premises
for the purpose of obtaining the information on which any such
determination may be made; and
(c) take away and analyse such samples of water or of any land or
articles as the Authority considers necessary for any of those
purposes and has authorised that person to take away and
analyse.
(3) The Authority may not without the consent in writing of the Department
authorise any person to exercise any powers under subsection (1) or (2)
for the purpose of determining whether, where or how —
(a) a reservoir should be constructed, or
(b) a borehole should be sunk for the purpose of abstracting water
from or discharging water into underground strata.
(4) The Department shall not give its consent under subsection (3) unless —
(a) it is satisfied that notice of the proposal to apply for the consent
has been served on the owner and the occupier of the premises,
and
(b) it has considered any representation or objections which, within
the period of 14 days after the service of the notice, have been
made to the Department by the owner or occupier of the premises
with respect to the proposed exercise of powers under this section
and have not been withdrawn.
Water Act 1991 Section 41


c AT 24 of 1991 Page 31

(5) Without prejudice to the exercise of powers by virtue of a warrant, no
person shall enter any premises by virtue of this section except in an
emergency or after 7 days’ notice of the intended entry has been given to
the occupier of the premises.
(6) Section 39(2) to (7) (except subsection (2)(c)) applies to the powers of
entry conferred by this section as it applies to the powers conferred by
section 39(1).
41 Interference with works

[1972/3/4/59]
(1) Any person who —
(a) intentionally obstructs a person engaged by or on behalf of the
Authority in setting out the line, level or site of any works
authorised by this Act, or
(b) knowingly pulls up any peg or stake driven into the ground for
the purpose of setting out such line, level or site, or
(c) knowingly destroys or defaces anything made or erected for that
purpose,
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £1,000.
42 Orders, regulations and byelaws

[1985/24/30]
(1) Orders, regulations and byelaws under this Act, except an order under
section 5, shall not have effect unless they are approved by Tynwald.
(2) Subject to subsection (3), it shall be the duty of the Authority to enforce
byelaws under this Act.
(3) If the Authority considers that the operation of a byelaw would be
unreasonable in any particular case, it may, with the consent of the
Department, relax the requirements of the byelaw or dispense with
compliance therewith.
(4) Before making any byelaw under this Act, or giving its consent to any
relaxation or dispensation under subsection (3), the Department shall
consult the Department of Environment, Food and Agriculture.30

(5) Byelaws under this Act may provide that a person contravening the
byelaws shall be guilty of an offence and liable on summary conviction
to a fine not exceeding such sum (which shall not exceed £1,000) as may
be fixed by the byelaws.
(6) A copy of every byelaw under this Act shall be deposited at the principal
office of the Authority and open to public inspection at all reasonable
hours without payment, and such a copy shall on application be
Section 43 Water Act 1991


Page 32 AT 24 of 1991 c

furnished to any person on payment of such reasonable sum as the
Authority may determine.
43 Legal proceedings

[1972/3/4/69 and 80]
(1) Proceedings for an offence under this Act shall not, without the consent
in writing of the Attorney General, be taken by any person other than the
Authority, the Department, the Department of Environment, Food and
Agriculture, constable or a person aggrieved.31

(2) No judge, justice of the peace or arbitrator shall be disqualified for acting
in any case under this Act by reason only that he is liable to pay any rate
or charge under this Act.
(3) Any liability of the owner of any premises to pay to the Authority the
expenses of any works executed by the Authority is without prejudice to
the rights and obligations, as between themselves, of the owner and
occupier of the premises.
44 Arbitration

[1972/3/4/71]
(1) Where it is provided by this Act that any matter shall be determined by
arbitration, that matter shall be determined by a single arbitrator
appointed, in default of agreement, by the Governor.
(2) The time within which such matter may be referred to arbitration shall
be 21 days from the date on which notice of the Authority’s requirement,
refusal or other decision is served on the other party or parties, and for
this purpose the date of receipt of the application for the appointment of
an arbitrator is the reference to arbitration.
(3) In any case where there is a right to refer a matter to arbitration, the
document notifying the person concerned of the Authority’s decision
shall state the right of reference to arbitration and the manner in which
and the time within which the reference may be made.
45 Power to require occupier to permit works by owner

[1972/3/4/66]
If on a complaint made by the owner of the premises, it appears to the High
Bailiff that the occupier of those premises prevents the owner from executing
any work which the Authority has under this Act or byelaws made thereunder
required him to execute, the High Bailiff may order the occupier to permit the
execution of the work.
Water Act 1991 Section 46


c AT 24 of 1991 Page 33

46 Interpretation

[1972/3/52]
(1) In this Act —
“the Agriculture Department
” [Repealed]32

“the Authority
” means the Manx Utilities Authority;33

“building
” includes part of a building if that part is separately occupied;
“business
” does not include a profession;
“communication pipe
” means —
(a) where the premises supplied with water abut on the part of the
street in which the main is laid, and the service pipe enters those
premises otherwise than through the outer wall of a building
abutting on the street and has a stopcock placed in those premises
as near to the boundary of that street as is reasonably practicable,
so much of the service pipe as lies between the main and the
stopcock;
(b) in any other case where the main is laid in a street, so much of the
service pipe as lies between the main and the boundary of the part
of the street 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 of it and the main;
(c) in any case where the main is not laid in a street, so much of the
service pipe (if any) as is laid in any street lying between the main
and the premises supplied with water;
“compulsory area of supply
” has the meaning given by section 12;
“consumer
” means a person supplied or about to be supplied with water by the
Authority;
“cut off
”, in relation to a supply of water, means stop the supply, whether by
operating a tap, by disconnecting pipes or otherwise;
“the Department
” means the Department of Infrastructure;34

“drainage works
” means designated FRM works or a designated watercourse
within the meaning of the Flood Risk Management Act 2013;35

“the Environment Department
” [Repealed]36

“food production premises
” means premises used for the purposes of a
business of preparing food or drink for consumption otherwise than on
premises;37

Section 46 Water Act 1991


Page 34 AT 24 of 1991 c

“food production purposes
” means purposes of manufacturing, processing,
preserving or marketing food or drink for which water supplied to food
production premises may be used;38

“the Highways Department
” [Repealed]39

“house
” means a dwelling-house, whether a private dwelling or not, and
includes any part of a building if that part is occupied as a separate
dwelling;
“main
” means a pipe laid by the Authority or any of its predecessors for the
purpose of giving a general supply of water as distinct from a supply to
individual consumers, and includes any apparatus used in connection
with such a pipe;
“notice
” means a notice in writing;
“rating year
” means a financial year for the purposes of the Rating and Valuation
Act 1953;
“the road works code
” means the provisions of Schedule 4 to the Highways Act
1986;
“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, and includes —
(a) a supply for the purposes of a profession carried on in any
premises the greater part of which is used as a house; and
(b) where the water is drawn from a tap inside the 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;
but does not include a supply of water for —
(i) any bath having a capacity (measured to the centre line of
the overflow pipe or in such other manner as may be
prescribed by regulations made by the Authority)
exceeding 50 gallons,
(ii) the business of a laundry,
(iii) a business of preparing food or beverages for consumption
on premises,
(iv) fields,
(v) any other trade, manufacture or business, or
(vi) fountains or ornamental purposes;
“supply pipe
” means so much of any service pipe as is not a communication
pipe;
Water Act 1991 Section 47


c AT 24 of 1991 Page 35

“take
”, in relation to springs, streams or other sources of water, means
impound, collect, conserve, take, use, divert and appropriate such
sources;
“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, or for the purpose of conveying water in bulk from
one part of the Island to another;
“watercourse
” includes any river, stream, ditch, drain, cut, culvert, dyke, sluice,
sewer (other than a sewer vested in the Department or a local authority)
and passage through which water flows;
“water fittings
” includes pipes (other than mains), taps, valves, hydrants,
stopcocks, ferrules, meters, cisterns, baths, water-closets, soilpans and
other similar apparatus used in connection with the supply and use of
water;
“water rate
” means the water rate under section 25;40

“waterworks
” includes streams, springs, wells, pumps, intakes, reservoirs,
cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines
and all machinery, lands, buildings and things for supplying or used for
supplying water or used for protecting sources of water supply.
(2) Section 73 (definition of certain terms) of the Local Government Act 1985
applies to this Act.
(3) For the purposes of this Act service of any notice on one of several joint
owners shall be treated as service on them all.
47 Savings, amendments and repeals

(1) The saving provisions in Schedule 7 shall have effect.
(2) The enactments specified in Schedule 8 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 9 are repealed to the extent
specified in column 3 of that Schedule.
48 Short title and commencement

(1) This Act may be cited as the Water Act 1991.
(2) This Act shall come into operation on such day as the Department may
by order appoint.41

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c AT 24 of 1991 Page 37

SCHEDULE 1

ORDERS UNDER SECTIONS 3 AND 4

Sections 3(4) and 4(4) [1979/26/Sch]
Notice of draft order
1. (1) Before making an order under section 3 or 4, the Department shall
prepare, or require the Authority to submit to it, a draft of the order.
(2) The Department shall cause a notice giving the general effect of the draft
order and, in the case of a draft submitted by the Authority, of any modifications
proposed to be made by it to be published in one or more newspapers published and
circulating in the Island.
(3) The Department shall, not later than the date of the first publication of a
notice under sub-paragraph (2), cause a copy of the draft order and of any
modifications proposed to be made thereto to be served on —
(a) all riparian owners and such other persons as the Department
thinks appropriate;
(b) any local authority through whose area any river, the flow of
which may be affected by the draft order, flows; and
(c) the Department of Environment, Food and Agriculture.42

Inquiry
2. (1) If, within 28 days of the date mentioned in paragraph 1(3), an objection
in writing is received from any person served with a notice under that paragraph or
from any other person whom the Department considers has a substantial interest in the
flow of the river, the Department shall cause an inquiry (in this Schedule referred to as
“the inquiry”) to be held.
(2) [Repealed]43

(3) The Department shall, for the purposes of the inquiry appoint a person
(in this Schedule referred to as “the inspector”) to preside over the inquiry and to
report thereon to it.
(4) The Department may appoint any person, or persons, to advise the
inspector at the inquiry; and in making such an appointment the Department shall
have regard to the expert knowledge that that person has with regard to the subject
matter of the inquiry.
(5) The Department shall serve notice of the date of the inquiry on any
person who has made an objection under paragraph 2(1), and shall cause such a notice
to be published in one or more newspapers published and circulating in the Island.
(6) [Repealed]44

Schedule 2
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Page 38 AT 24 of 1991 c

(7) The procedure at the inquiry shall be such as the inspector may
determine.
Making of order
3. (1) If no objection is received in accordance with paragraph 2(1), or if all
objections so received are withdrawn, the Department may make an order in the form
of the draft order with the modifications (if any) referred to in paragraph 1(2) without
an inquiry being held.
(2) The inspector shall, as soon as possible after the completion of the
inquiry under paragraph 2, submit his report thereon to the Department.
(3) After considering the report of the inspector, the Department may make
an order in the form of the draft order, with such modifications (if any) as it thinks fit
having regard to that report.
Costs
4. (1) Where an objection made pursuant to paragraph 2(1) is withdrawn on or
before the date fixed for the holding of the inquiry, the Department may require the
objector to pay such sum as it considers reasonable having regard to the costs incurred
by the Department in relation to the objection, and may recover that sum from him.
(2) In any proceedings under sub-paragraph (1), a certificate purporting to
be signed on behalf of the Department shall be sufficient evidence of the sum due.
SCHEDULE 2

EXISTING PROVISIONS AS TO COMPENSATION WATER

Section 4(6)
West Baldwin reservoir
1. (1) The Authority shall during every day, either between 6 a.m. and 6 p.m.
or throughout the day, deliver out of the West Baldwin reservoir into the river Glass in
a continuous stream not less than the following quantities of water —
(a) during the months of July to September, 500,000 gallons;
(b) during the months of October to June, 200,000 gallons.
(2) The Authority shall maintain a suitable gauge or gauges for measuring
the quantity of water flowing down the said river at a point within 100 yards of the
foot of the embankment of the said reservoir, and the said gauge or gauges shall be
open during all reasonable hours to the inspection and examination of all persons
interested in the flow of water in the said river or their agents.
(3) If at any time the said gauge or gauges are in an unfit state of repair or
condition for the purpose for which they are intended, they shall forthwith be put in a
proper state by and at the expense of the Authority; and if the Authority fails to do so
Water Act 1991 Schedule 3



c AT 24 of 1991 Page 39

within 21 days of notice by any person interested, any such person may cause the said
gauge or gauges to be put in a fit state, and may recover the expenses of so doing from
the Authority.
(4) If the Authority fails to deliver the quantities of water required by this
section it shall be liable at the suit of any person interested to a penalty not exceeding
£50 for each day or part of a day during which the default continues (but so that only
one penalty shall be recovered for any one day or part of a day); and the Authority
shall pay compensation for any loss sustained by any person by reason of its default.
(5) Any difference between the Authority and any person interested with
respect to the suitability or state of repair or condition of any such gauge shall be
settled by a hydraulic engineer to be nominated (in default of agreement) by the
Governor on the application of either party; and the costs of and incidental to the
engineer’s investigation and determination shall be borne as he may direct.
Specific premises
2. (1) If the flow of water in the river Glass is inadequate to supply the water
necessary for the cooling of the solvent extraction plant at Woodside Mill, East
Baldwin, the Authority shall supply any deficiency free of charge from its 15in. trunk
main.45

(2) If the flow of water in the river Glass is inadequate to supply the water
necessary for the operation of the laundry premises of Clucas’s Laundry Limited at
Tromode, the Authority shall supply any deficiency free of charge from its 15in. trunk
main, not exceeding 20,000 gallons per hour during the working hours (not exceeding
101/2 hours) in each working day.
The Authority shall maintain a fire hydrant and sluice valve fixed to the main
from which the supply will be readily given.
(3) If the flow of water in the river Douglas is inadequate to supply the
water required for the boilers of steam locomotives at the Douglas railway station of
the Department, the Authority shall free of charge cause water to be delivered to the
storage tank supplying the locomotives in sufficient quantity to make up any shortage
in the quantity of water required.46

SCHEDULE 3

SAFETY OF RESERVOIRS

Section 10
Interpretation
1. In this Schedule —
“independent
”, in relation to a civil engineer, means —
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Water Act 1991


Page 40 AT 24 of 1991 c

(a) that he is not in the employment of the Authority otherwise than
in a consultant capacity; and
(b) with respect to a reservoir, that he was not the engineer
responsible for the design, or for supervising the construction, of
the reservoir, and is not connected with that engineer as his
partner, employer, employee or fellow employee in a civil
engineering business;
“inspecting engineer
” means an engineer acting under paragraph 3 in relation
to a reservoir;
“qualified civil engineer
”, for the purpose of any provision of this Schedule,
means a member of the panel of civil engineers maintained under
section 4 of the Reservoirs Act 1975 (an Act of Parliament) for the
purpose of the corresponding provision of that Act;
“reservoir
” means a reservoir for water as such;
“supervising engineer
” means an engineer acting under paragraph 5 in relation
to a reservoir.
Application
2. This Schedule applies to a reservoir vested in or managed by the Authority
which is designed to hold, or capable of holding, more than 25,000 cubic metres of
water above the natural level of any part of the land adjoining the reservoir.
Periodical inspection of reservoirs
3. (1) The Authority shall have any reservoir to which this Schedule applies
inspected from time to time by an independent qualified civil engineer and obtain from
him a report of the result of his inspection.
(2) A reservoir to which this Schedule applies shall be inspected under this
paragraph —
(a) in the case of such a reservoir in existence at the commencement
of this Schedule, within 10 years at most from such
commencement;
(b) in any other case, including the case of a reservoir to which this
Schedule did not apply at such commencement but the capacity of
which is subsequently increased, as soon as practicable after the
completion of the construction or enlargement of the reservoir;
(c) in any case, as soon as practicable after the carrying out of any
alterations to the reservoir which do not increase its capacity but
which —
(i) are such as might affect its safety, and
(ii) have not been designed and supervised by a qualified civil
engineer;
Water Act 1991 Schedule 3



c AT 24 of 1991 Page 41

(d) in any case, at any time when the supervising engineer so
recommends;
(e) in any case, within 10 years at most after the last inspection under
this paragraph or within any less interval that may have been
recommended in the report of the inspecting engineer on the last
inspection.
(3) As soon as practicable after an inspection under this section, the
inspecting engineer shall make a report of the result of the inspection, including in it
any recommendations he sees fit to make as to the time of the next inspection, or as to
measures that should be taken in the interests of safety.
(4) An inspecting engineer shall consider the matters (if any) that need to be
watched by the supervising engineer during the period before the next inspection of
the reservoir under this paragraph, and shall include in his report a note of any such
matters.
(5) An inspecting engineer, when he makes his report, shall also give a
certificate stating —
(a) that the report does or does not include recommendations as to
the measures to be taken in the interests of safety, and
(b) if it includes a recommendation as to the time of the next
inspection, the period within which he recommends the
inspection should be made.
(6) Where an inspecting engineer includes in his report any
recommendation as to measures to be taken in the interests of safety, then subject to
any reference of the matter to a referee in accordance with this Schedule, the Authority
shall as soon as practicable carry the recommendation into effect under the supervision
of a qualified civil engineer; and that engineer shall give a certificate, as soon as he is
satisfied it is so, that the recommendation has been carried into effect.
Recording of water levels
4. For every reservoir to which the Schedule applies the Authority shall keep a
record in such form and containing such information as the Department may
direct of —
(a) water levels and depth of water, including the flow of water over
the waste weir or overflow;
(b) leakages, settlements of walls or other works, and repairs;
(c) such other matters as the Department may direct;
and shall install and maintain such instruments as may be needed to provide the
information to be recorded.
Schedule 3
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Page 42 AT 24 of 1991 c

Supervision of reservoirs
5. (1) This paragraph does not apply at a time when works are being carried
out under the supervision of a qualified civil engineer to a reservoir to which this
Schedule applies.
(2) The Authority shall cause any reservoir to which this Schedule applies to
be kept under the supervision of a qualified civil engineer (“the supervising engineer”)
who shall —
(a) keep the Authority advised of its behaviour in any respect that
might affect safety;
(b) watch that the provisions of paragraph 4 are observed and
complied with; and
(c) draw the attention of the Authority to any breach of those
provisions.
(3) The supervising engineer shall, so long as any matters are noted as
matters that need to be watched by him in the latest report of an inspecting engineer,
pay attention in particular to those matters and give the Authority not less often than
once a year a written statement of the action he has taken to do so.
(4) The supervising engineer shall recommend to the Authority that the
reservoir be inspected under paragraph 3, if at any time he thinks that such an
inspection is called for.
Disputed recommendations
6. (1) If the Authority is aggrieved by a recommendation in the report of an
inspecting engineer as to measures to be taken in the interests of safety or as to the time
of the next inspection, the Authority may refer its complaint to a referee.
(2) A referee under this paragraph shall be an independent qualified civil
engineer appointed —
(a) by agreement between the Authority and the inspecting engineer
within one month after the day on which the Authority receives
the report, or
(b) in default of agreement, by the Department on a request made to
it within 2 months after that date.
(3) A referee under this paragraph, after investigating the complaint, may
make such modifications as he thinks fit in the report containing the recommendations
complained of, and the report shall for the purposes of this Act have effect accordingly.
(4) A referee under this section, when he gives a decision on a report, shall
also give a certificate stating that the decision does or does not modify the report, and
(if necessary in consequence of any modification) revising accordingly any certificate
given with reference to the report by the engineer making it.
(5) The remuneration and expenses of a referee under this paragraph shall
be paid by the Authority.
Water Act 1991 Schedule 3



c AT 24 of 1991 Page 43

Default powers of Department
7. (1) Sub-paragraph (2) applies where it appears to the Department, in the
case of any reservoir to which this Schedule applies —
(a) that an inspection and report thereon have not been made as
required by paragraph 3; or
(b) that the latest report of the inspection engineer includes a
recommendation as to measures to be taken in the interests of
safety that has not been carried into effect as so required.
(2) The Department may by written notice served on the Authority
require it —
(a) in a case within sub-paragraph (1)(a), within 28 days after the date
on which the notice is served, to appoint an independent qualified
civil engineer to carry out an inspection under paragraph 3
(unless an appointment has already been made), and to notify the
Department of the appointment, or
(b) in a case within sub-paragraph (1)(b), to carry the
recommendation into effect within a time specified in the notice.
(3) Where the Department proposes to serve a notice under
subparagraph (2)(b), it shall consult a qualified civil engineer as to the time to be
specified in the notice.
(4) Where it appears to the Department that a reservoir to which this
Schedule applies is not for the time being under the supervision of a supervising
engineer as required by paragraph 5, it may by written notice served on the Authority
require it, within 28 days after the date on which the notice is served, to appoint a
supervising engineer and to notify the Department of the appointment or, if the
reservoir is at that date under the supervision of a supervising engineer or is not
required to be so by virtue of paragraph 5(1), to notify the Department of that fact.
(5) Where the Authority is required by a notice under this paragraph to
appoint an engineer for any purpose of this Schedule and fails to make the
appointment, the Department may appoint an engineer for the purpose, being a person
eligible for appointment by the Authority; and the provisions of this Schedule shall
apply in relation to any person appointed under this sub-paragraph and to anything
done by him as if he had been duly appointed by the Authority.
(6) Where the Authority is required by a notice under this paragraph to
carry into effect any recommendation as to measures to be taken in the interests of
safety, the Department may cause the recommendation to be carried into effect under
the supervision of a qualified civil engineer appointed by the Department, who shall
give a certificate, as soon as he is satisfied that it is so, that the recommendation has
been carried into effect.
(7) An appointment made under sub-paragraph (5) for any purpose of this
Schedule shall be of no effect if before it is made the Authority has appointed for that
purpose an engineer eligible to be so appointed; and an appointment under that sub-
Schedule 3
Water Act 1991


Page 44 AT 24 of 1991 c

paragraph of a supervising engineer shall terminate when an appointment of a
supervising engineer duly made by the Authority takes effect.
(8) Where the Department makes any appointment under sub-paragraph (5)
or exercises powers conferred by sub-paragraph (6), the Authority shall pay to the
Department the amount of the expenses reasonably incurred by the Department by
reason of the appointment or the exercise of the powers, as the case may be.
Penalty for non-compliance
8. (1) This paragraph applies where without reasonable excuse —
(a) any provision of paragraph 4 is not observed or complied with in
relation to a reservoir to which this Schedule applies, or
(b) the Authority fails to comply with a notice from the Department
under paragraph 7.
(2) Any member or officer of the Authority by whose neglect or default a
contravention referred to in sub-paragraph (1) occurs shall be guilty of an offence
and liable —
(a) on summary conviction, to a fine not exceeding £5,000; or
(b) in the case of a contravention referred to in subparagraph (1)(b),
on conviction on information, to a fine.
(3) Proceedings for an offence under this paragraph shall not without the
consent of the Attorney General be brought by any person other than the Department
or a person aggrieved.
Powers of entry
9. (1) Any person duly authorised by the Department may at any reasonable
time enter on the land on which a reservoir is situated —
(a) for the purpose of carrying out any survey or other operation
needed to determine whether the reservoir is one to which this
Schedule applies, or is being constructed or altered so as to be
one, whether or not it is in use as a reservoir;
(b) for the purpose of carrying out any survey or other operation
needed to determine whether any recommendation as to
measures to be taken in the interests of safety has been carried
into effect as required by paragraph 3, or what period should be
specified in a notice under paragraph 7(2)(b) requiring the
Authority to carry such a recommendation into effect;
(c) for the purpose of carrying out any inspection of the reservoir that
he has been appointed under paragraph 7 to carry out, or any
survey or other operation needed for the purpose of a report that
he has been appointed under paragraph 7 to make;
Water Act 1991 Schedule 3



c AT 24 of 1991 Page 45

(d) for any purpose connected with the carrying into effect under
paragraph 7 of a recommendation as to measures to be taken in
the interests of safety.
(2) Section 38(2) to (7) applies to a person authorised by the Department for
the purposes mentioned in sub-paragraph (1) as it applies to an authorised officer of
the Authority for the purposes mentioned in section 38(1).
Reports and certificates
10. (1) Where the engineer is appointed to act by the Department, any report or
certificate of an engineer acting for any purpose of this Schedule, including a referee
under paragraph 6, shall be delivered to and kept by the Department, but the engineer
shall at the same time send a copy of it to the Authority.
(2) Except where the engineer is appointed to act by the Department, any
report or certificate of an engineer acting for any purpose of this Schedule, including a
referee under paragraph 6, shall be delivered to and kept by the Authority.
(3) Where any of the following documents are delivered by an engineer to
the Authority, it shall within 28 days send a copy of it to the Department —
(a) any certificate of an engineer under this Schedule;
(b) any report made by an inspecting engineer and stated in his
certificate to include a recommendation as to measures to be taken
in the interests of safety;
(c) any decision of a referee modifying any such report as is
mentioned in paragraph (b);
(d) any advice given by a supervising engineer to the Authority
which either —
(i) recommends the Authority to have the reservoir inspected
under paragraph 3 or to take any other action;
(ii) draws its attention to a breach of any provision of
paragraph 4.
(4) A report or certificate of an engineer acting for any purpose of this
Schedule, including a referee under paragraph 6, shall be in such form as the
Department may direct.
Schedule 4
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Page 46 AT 24 of 1991 c

SCHEDULE 4

PURITY OF WATER SUPPLY

Section 13(2)
Regulations as to purity of supply
1. (1) The Department of Environment, Food and Agriculture may by
regulations require the Authority to take all such steps as may be prescribed for the
purpose of securing compliance with section 13(1).47

(2) Without prejudice to the generality of sub-paragraph (1), regulations
under this paragraph may impose an obligation on the Authority —
(a) to take all such steps as may be prescribed for monitoring and
recording whether the water which it supplies to premises for
domestic purposes or food production purposes is wholesome at
the time of supply;48

(b) to take all such steps as may be prescribed for monitoring and
recording the quality of water from any source or combination of
sources which the Authority uses or is proposing to use for
supplying water to premises for domestic purposes or food
production purposes;49

(c) to ensure that a source which the Authority is using or proposing
to use for supplying water for domestic purposes or food
production purposes is not so used until prescribed requirements
for establishing the quality of water which may be supplied from
that source have been complied with;50

(d) to keep records of the localities within which all the premises
supplied with water for domestic purposes or food production
purposes are normally supplied from the same source or
combination of sources;51

(e) to comply with prescribed requirements with respect to the
analysis of water samples or with respect to internal reporting or
organisational arrangements.
(3) Regulations under this paragraph may amend or repeal section 14.
Use of processes and substances
2. (1) Without prejudice to paragraph (1), the Department of Environment,
Food and Agriculture may by regulations make provision with respect to the use by
the Authority, for the purposes of or in connection with the carrying out of its
functions, of such processes and substances, and of products that contain or are made
with such substances and materials, as the said Department considers might affect the
quality of any water.52

Water Act 1991 Schedule 4



c AT 24 of 1991 Page 47

(2) Without prejudice to the generality of sub-paragraph (1), regulations
under this paragraph may —
(a) forbid the use by the Authority of processes, substances and
products which have not been approved under the regulations or
which contravene the regulations;
(b) for the purposes of provisions made under (a), require processes,
substances and products used by the Authority to conform to
such standards as may be prescribed by or approved under the
regulations;
(c) impose such other requirements as may be prescribed with
respect to the use by the Authority of prescribed processes,
substances and products;
(d) provide for giving, refusal and revocation by prescribed persons
of approvals required for the purposes of the regulations, for such
approvals to be capable of being made subject to such conditions
as may be prescribed and for the modification and revocation of
any such condition;
(e) require prescribed charges to be paid to persons carrying out
functions under the regulations.
Publication of information
3. (1) The Department of Environment, Food and Agriculture may by
regulations require the Authority —
(a) to publish information about the quality of water supplied for
domestic purposes or food production purposes to any premises
by the Authority; and53

(b) to provide information to prescribed persons about the quality of
water so supplied.54

(2) Regulations under this paragraph —
(a) shall prescribe both the information which is to be published or
provided in pursuance of the regulations and the manner and
circumstances in which it is to be published or provided;
(b) may require the provision of information by the Authority to any
person to be free of charge or may authorise it to be subject to the
payment by that person to the Authority of a prescribed charge;
and
(c) may impose such other conditions on the provision of information
by the Authority to any person as may be prescribed.
Schedule 5
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Page 48 AT 24 of 1991 c

Standards of purity
4. (1) The Department of Environment, Food and Agriculture may by
regulations make provision that water that is supplied to any premises is or is not to be
regarded as wholesome for the purposes of this Act if it satisfies or, as the case may be,
fails to satisfy such requirements as are prescribed.55

(2) Without prejudice to the generality of sub-paragraph (1), regulations
under this paragraph may for the purpose of determining the wholesomeness of any
water —
(a) prescribe general requirements as to the purposes for which the
water is to be suitable;
(b) prescribe specific requirements as to the substances that are to be
present in or absent from the water and as to the concentrations of
substances which are or are required to be present in the water;
(c) prescribe specific requirements as to other characteristics of the
water;
(d) provide that the question whether prescribed requirements are
satisfied may be determined by reference to such samples as may
be prescribed; and
(e) enable the said Department to authorise such relaxations of and
departures from the prescribed requirements (or from any of
them) as may be prescribed, to make any such authorisation
subject to such conditions as may be prescribed and to modify or
revoke any such authorisation or condition.
Supplemental
5. Before making any regulations under this Schedule the Department of
Environment, Food and Agriculture shall consult the Department and the Authority.56

6. In this Schedule “prescribed
” means prescribed by regulations under this
Schedule.
SCHEDULE 5

WATER SUPPLY: MISCELLANEOUS PROVISIONS

Section 21
Service pipes
1. (1) The Authority may lay —
(a) subject to the provisions of the road works code, in any street; and
(b) after giving reasonable notice to the owner or occupier of any land
not part of a street, in, on or over that land;
Water Act 1991 Schedule 5



c AT 24 of 1991 Page 49

such service pipes with such stop-cocks and other fittings as it thinks necessary for
supplying water to premises.
(2) The Authority may inspect, repair, alter, renew or remove any service
pipe laid by it whether by virtue of this paragraph or otherwise.
(3) Where the Authority in exercise of its powers under this paragraph —
(a) lays a service pipe in, on or over land not forming part of a
street, or
(b) inspects, repairs, alters, renews or removes a service pipe laid in,
on or over any such land,
it shall pay compensation to the owners and occupiers of and every person interested
in that land for any damage to or injurious affection of that land and for all damage
sustained by them by reason of those works, such compensation to be determined in
accordance with Part III of the Acquisition of Land Act 1984.
Supply for public purposes
2. (1) In every pipe of the Authority on which a hydrant is fixed (other than a
trunk main) the Authority shall provide a supply of water for cleansing sewers and
drains, and for cleansing and watering highways, unless the Authority in the case of
any such pipe considers it impracticable to do so.
(2) A supply of water for the said purposes shall be provided at such rates,
in such quantities, and upon such terms and conditions as may be agreed between the
Authority and the Department, or in default of agreement, determined by arbitration.57

Constancy and pressure of supply
3. (1) Subject as hereinafter provided, the Authority shall cause the water in all
pipes on which hydrants are fixed, or which are used for giving supplies for domestic
purposes, to be laid on constantly and at such a pressure as will cause the water to
reach to the top of the topmost storey of every building within the compulsory area of
supply.
(2) Nothing in this paragraph requires the Authority without its consent to
deliver water at a height greater than that which it will flow by gravitation through its
mains from the service reservoir or tank from which the supply in question is taken.
(3) The Authority may in its discretion determine the service reservoir or
tank from which any supply is taken.
Laying of supply pipes
4. (1) An owner or occupier of any premises within the compulsory area of
supply who desires to have a supply of water for his domestic purposes from the
waterworks of the Authority shall, subject to sub-paragraph (2), comply with the
following requirements —
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(a) he shall give to the Authority 28 days’ notice of his intention to
lay the necessary supply pipe and at or before the time of giving
such notice shall pay or tender to the Authority in advance such
sum as may be payable for the cost of laying the communication
pipe; and
(b) he shall lay the supply pipe at his own expense having first
obtained, as respects any land not forming part of a street, the
consent of the owners and occupiers therof.
(2) Where any part of the supply pipe is to be laid in a highway, the owner
or occupier shall not himself break open the highway or lay that part of the pipe.
Laying of communication pipes etc.
5. (1) Upon receipt of a notice under paragraph 4, the Authority shall lay the
necessary communication pipe and any part of the supply pipe which is to be laid in a
highway and shall connect the communication pipe with the supply pipe.
(2) Where any part of the supply pipe is to be laid in a highway, the
Authority may elect to lay a main in the highway for such distance as it thinks fit
instead of a supply pipe, and in that case it shall lay a communication pipe from that
main and connect it with the supply pipe.
(3) The expenses reasonably incurred by the Authority in executing the
work which it is required or authorised by this paragraph to execute or, at the option of
the Authority, a fixed charge in accordance with a scale to be prescribed by the
Authority, shall be paid to it, and in advance if the Authority so requires, by the person
by whom the notice was given.
(4) Notwithstanding anything in the foregoing provisions of this paragraph
the Authority may within 7 days after the receipt of a notice under paragraph 4 require
the person giving the notice either —
(a) to pay to the Authority in advance the part or the whole of the
cost of the work as the case may be, as estimated by its engineer,
or
(b) to give security for payment thereof to its satisfaction.
(5) If any payment so made to the Authority exceeds the expenses which
under this paragraph the Authority would be entitled to recover from the person
giving the notice, the excess shall be repaid by the Authority, and if and so far as those
expenses are not covered by the payment, the Authority may recover the balance from
him.
(6) Where any main is laid in land alongside and within 60 feet of the
middle of a street, then for the purposes of the definition of “communication pipe”
contained in section 46, the land in which the main is laid and any land between the
main and the street, shall be deemed to form part of the street, and references in that
definition to the part of the street in which the main is laid, and to the boundary of the
street in which the main is laid shall be construed accordingly; except that where the
Water Act 1991 Schedule 5



c AT 24 of 1991 Page 51

premises supplied with water lie between any such main as aforesaid and the street,
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 street.
Requirement for separate service pipes
6. (1) Subject to the provisions of this paragraph, the Authority may require
the provision of a separate service pipe for each house or other building supplied or to
be supplied by the Authority with water.
(2) If, in the case of a house or other building already supplied with water
but not having a separate service pipe, the Authority gives notice to the owner of the
house or building requiring the provision of such a pipe, the owner shall within 3
months lay so much of the required pipe as will constitute a supply pipe and is not
required to be laid in a highway, and the Authority shall, within 14 days after he has
done so, lay so much of the required pipe as will constitute a communication pipe or a
supply pipe to be laid in a highway and make all the necessary connections.
(3) If an owner upon whom a notice has been served under sub-
paragraph (2) fails to comply with it, the Authority may itself execute the work which
he was required to execute.
(4) The expenses reasonably incurred by the Authority in executing the
work which it is required or empowered by sub-paragraph (2) or (3) to execute shall be
repaid to the Authority by the owner of the house or building.
(5) For the purpose of this paragraph, 2 or more buildings in the same
occupation and forming part of the same hereditament for rating purposes shall be
treated as a single building.
(6) Where the owner of a group or block of houses is liable by law or
undertakes in writing to pay the water rates in respect of all those houses, then, so long
as he punctually pays those rates and the supply pipe of those houses is sufficient to
meet the requirements thereof, the Authority shall not require the provision of separate
service pipes for those houses.
(7) Without prejudice to sub-paragraph (6), where, on the 16th May 1972, 2
or more houses were being supplied with water by a single service pipe, the Authority
shall not require the provision of separate service pipes for those houses until either —
(a) the existing supply pipe becomes so defective as to require
renewal, or is no longer sufficient to meet the requirements of the
houses; or
(b) the water rate in respect of any of the houses remains unpaid after
the end of the period for which it is due; or
(c) the houses are, by structural alterations to one or more of them,
converted into a larger number of houses; or
(d) the owners of more than one half of the houses make application
in writing for separate service pipes.
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Vesting of communication pipes etc.
7. (1) All communication pipes, whether laid before or after the
commencement of this Act, shall vest in the Authority, and the Authority 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 Authority 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 highway, and may recover the
expenses reasonably incurred by it in so doing from the owner of the premises
supplied by the pipe.
(3) Any supply pipe laid to supply a farm in accordance with section 14 of
the Douglas (Rural Areas) Water Order 1956 vests in the Authority subject to the
following provisions:
(a) the owner of the farm shall be liable for the maintenance of such
part of the pipe as is not a communication pipe;
(b) where more than one farm is supplied from one of these pipes the
owners shall be liable jointly for the maintenance of so much of
the pipe as is common to them;
(c) the Authority may make a connection to any such pipe to give a
supply to any other consumer and lay so much pipe as may be
necessary to give the supply under land belonging to the owner of
the farm without making any payment to the owner of the farm
but shall compensate the occupier of the land for such damage as
he may suffer, such compensation to be determined in case of
dispute in accordance with Part III of the Acquisition of Land Act
1984.
Supply of water fittings
8. (1) The Authority may, on the request of any person to whom it supplies or
proposes to supply water, supply to him by way of sale or hire any such water fittings
as are required or allowed by byelaws under this Act, and may on such request install,
repair or alter (but not manufacture) any such water fittings, whether supplied by it or
not, and may provide any materials and do any work required in connection with such
installation, repair or alteration of water fittings.
(2) The Authority may make such charges as may be agreed or, in default of
agreement, as may be reasonable for any fittings supplied, materials provided or work
done under sub-paragraph (1).
(3) If any fittings let for hire by the Authority bear either a distinguishing
metal plate affixed thereto, or a distinguishing brand or other mark conspicuously
impressed or made thereon, sufficiently indicating the Authority as the actual owner of
the fittings, those fittings —
(a) notwithstanding that they be fixed to some part of the premises in
which they are situated or be laid in the soil thereunder, shall
Water Act 1991 Schedule 5



c AT 24 of 1991 Page 53

continue to be the property of, and removable by, the
Authority; and
(b) shall not be subject to arrest or liable to be taken in execution
under any process of any court or in any proceedings in
bankruptcy against the persons in whose possession they may be.
(4) Nothing in subparagraph (3) affects the valuation for rating of any
rateable hereditament.
(5) If any person intentionally or negligently injures or suffers to be injured
any water fitting belonging to the Authority, the Authority may do all such work as is
necessary for repair and injury done and may recover from him the expenses
reasonably incurred by it in so doing.
Stop-cocks
9. (1) On every service pipe laid after 16 May 1972 the Authority shall, and on
every service pipe laid before that date the Authority may, fit a stop-cock enclosed in a
covered box or pit, of such size as may be reasonably necessary.
(2) Every stop-cock fitted on a service pipe after that date shall be placed in
such position as the Authority thinks most convenient, except that —
(a) a stop-cock in private premises shall be placed as near as is
reasonably practicable to the street from which the service pipe
enters those premises; and
(b) a stop-cock in a street shall, after consultation with the
Department, be placed within 5 feet of the boundary thereof.58

Power to require provision of cistern
10. (1) The Authority may require that —
(a) any building, the supply of water to which need not under this
Act be constantly laid on under pressure; and
(b) any house, the erection of which was not commenced, or which
was not supplied with water from the mains, before the 16 May
1972 and to which water is required to be delivered at a height
greater than 35 feet below the draw-off level of the service
reservoir from which a supply of water is being or is to be
furnished by the Authority;
shall be provided with a cistern having a ball-tap and stop-cock fitted on the pipe
conveying water to it and, in the case of such a house as is mentioned in (b), may
require that the cistern shall be capable of holding sufficient water to provide an
adequate supply to the house for a period of 24 hours.
(2) If a consumer whom the Authority has in accordance with sub-
paragraph (1) required to provide a cistern fails to comply with the requirement, or if a
consumer fails to keep in good repair any cistern in use in his building, or the ball-tap
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and stop-cock appurtenant to it, the Authority may itself provide a cistern or execute
any repairs necessary to prevent waste of water, and may recover the expenses
reasonably incurred by it in so doing from the owner of the building.
Testing of fittings
11. The Authority may test any water fittings used in connection with water
supplied to it.
Power to repair supply pipes
12. (1) If the Authority has reason to think that some injury to or defect in a
supply pipe which it is not under obligation to maintain is causing, or is likely to cause,
waste of water or injury to person or property, it may execute such work as it thinks
necessary or expedient in the circumstances of the case without being requested so to
do.
(2) If any injury to or defect in such a pipe is discovered, the Authority may
recover from the owner of the premises the expenses reasonably incurred in
discovering it and in executing repairs.
(3) Where several houses or other buildings in the occupation of different
persons are supplied with water by one common supply pipe belonging to the owners
or occupiers of the houses or buildings, the amount of any such expenses reasonably
incurred by the Authority in the maintenance and repair of that pipe may be recovered
by the Authority from those owners or occupiers in such proportions as may be agreed
or, in default of agreement, determined by arbitration.
Non-repair of fittings
13. (1) If any person wilfully or negligently causes or suffers any water fitting
which he is liable to maintain —
(a) to be or remain so out of order, or so in need of repair; or
(b) to be or remain so constructed or adapted or so used that the
water supplied to him by the Authority is, or is likely to be,
wasted, misused or unduly consumed, or contaminated before
use, or that foul air or any impure matter is likely to return into
any pipe belonging to, or connected with a pipe belonging to, the
Authority;
he shall be guilty of an offence and liable on summary conviction to a fine not
exceeding £500.
(2) If any water fitting which any person is liable to maintain is in such a
condition, or so constructed or adapted as aforesaid, the Authority, without prejudice
to its right to institute proceedings under sub-paragraph (1), may require that person to
carry out any necessary repairs or alterations, and, if he fails to do so within 48 hours,
Water Act 1991 Schedule 5



c AT 24 of 1991 Page 55

may itself carry out the work and recover from him the expenses reasonably incurred
by it in so doing.
Misuse of water
14. (1) An owner or occupier of premises supplied with water by the Authority
who without the Authority’s consent —
(a) supplies any of that water to another person for use in other
premises, or
(b) wilfully permits another person to take any of that water for use
in other premises,
shall (without prejudice to the right of the Authority to recover from such owner or
occupier the value of the water so supplied or permitted to be taken) be guilty of an
offence and liable on summary conviction to a fine not exceeding £500.
(2) Sub-paragraph (1) does not apply where that other person —
(a) requires the water for the purpose of extinguishing a fire, or
(b) is a person supplied with water by the Authority but temporarily
unable through no default of his own to obtain water.
(3) If a person wrongfully takes, uses or diverts water from —
(a) a reservoir, watercourse, conduit, pipe or other apparatus
belonging to the Authority, or
(b) a pipe leading to or from any such reservoir, watercourse,
conduit, pipe or other apparatus, or
(c) a cistern or other receptacle containing water belonging to the
Authority or supplied by the Authority for the use of a consumer
of water from it,
he shall be guilty of an offence and liable on summary conviction to a fine not
exceeding £500.
(4) Any person who, having from the Authority a supply of water otherwise
than by meter, uses any water so supplied to him for a purpose other than that for
which he is entitled to use it shall be guilty of an offence and liable on summary
conviction to a fine not exceeding £500, without prejudice to the right of the Authority
to recover from him the value of the water misused.
Fraudulent use of water
15. (1) If any person —
(a) fraudulently alters the index of any meter used by the Authority
for measuring the water supplied by the Authority, or
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(b) prevents any such meter from registering correctly the quantity of
water supplied, or fraudulently abstracts or uses water of the
Authority,
he shall, without prejudice to any other right or remedy of the Authority, be guilty of
an offence and liable on summary conviction to a fine not exceeding £5,000, and the
Authority may do all such work as is necessary for securing the proper working of the
meter and recover from the offender the expenses reasonably incurred by it in so
doing.
(2) For the purposes of this paragraph, if it is proved that a consumer has
altered the index of a meter, it shall rest upon him to prove that he did not alter it
fraudulently, and the existence of any artificial means under the control of a consumer
for preventing a meter from registering correctly, or for enabling him fraudulently to
abstract or use water, shall be evidence that he has fraudulently prevented the meter
from registering correctly or, as the case may be, has fraudulently abstracted or used
water.
Interference with valves etc.
16. (1) If any person intentionally and without the consent of the Authority, or
negligently, turns on, opens, closes, shuts off or otherwise interferes, with any valve,
cock or other work or apparatus belonging to the Authority, he shall be guilty of an
offence and liable on summary conviction to a fine not exceeding £1,000, and the
Authority may recover from him the amount of any damage sustained by it.
(2) This paragraph does not apply to a consumer closing the stop-cock fixed
on the service pipe supplying his premises, so long as he has obtained the consent of
any other consumer whose supply will be affected thereby.
Extension etc. of pipes
17. (1) Any person who without the consent of the Authority —
(a) attaches any pipe or apparatus to a pipe belonging to the
Authority or to a supply pipe, or
(b) makes any alteration in a supply pipe or in any apparatus
attached to a supply pipe which has been so attached or altered,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding
£1,000.
(2) Any person who uses any such pipe or apparatus shall be guilty of an
offence and liable to the same penalty unless he proves that he did not know, and had
no grounds for suspecting, that it had been so attached or altered.
(3) When an offence under this paragraph has been committed, the
Authority may recover from him the amount of any damage sustained by it and the
value of any water wasted, misused or improperly consumed.
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c AT 24 of 1991 Page 57

Connection etc. of meters
18. (1) A consumer who has not obtained the consent of the Authority shall not
connect or disconnect any meter by means of which water supplied by the Authority is
intended to be, or has been measured for the purposes of the payment to be made to
the Authority.
(2) If such a consumer requires such a meter to be connected or
disconnected, he shall give to the Authority not less than 24 hours’ notice of his
requirements and of the time when the work can be commenced, and thereupon the
Authority shall carry out the necessary work and may recover from him the expenses
reasonably incurred by it in so doing.
(3) A consumer who contravenes any of the provisions of this paragraph
shall be guilty of an offence and liable on summary conviction to a fine not exceeding
£1,000.
Installation of meters
19. (1) Subject to the provisions of this Act with respect to the breaking open of
streets, the Authority may for the purpose of measuring the quantity of water
supplied, or preventing and detecting waste —
(a) affix and maintain meters and other apparatus on its mains and
service pipes,
(b) insert in any street, as near as is reasonably practicable to the
boundary thereof, the necessary covers or boxes for giving access
and protection thereto, and
(c) for that purpose temporarily obstruct, break open and interfere
with streets, tramways, sewers, pipes, wires and apparatus.
(2) The Authority shall not under this paragraph interfere with —
(a) any telecommunication apparatus kept installed for the purposes
of a telecommunications code system, except in accordance with
and subject to the provisions of the telecommunications code;
(b) any works, pipes or apparatus of any electricity or gas
undertakers, except under the supervision (if given) of an
authorised officer of those undertakers and in accordance with
plans approved by them or such officer, any difference as to such
matters to be determined by arbitration.
(3) Sub-paragraph (2)(a) shall be construed in accordance with the
Telecommunications Act 1984.
Restriction on use of hosepipes
20. (1) If the Authority is of opinion that there is or is likely to be a serious
deficiency of water available for distribution by it, 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
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the purpose of watering private gardens or washing private motor cars of any water
supplied by it and drawn through a hosepipe or similar apparatus.
(2) In sub-paragraph (1) “private motor car” means a motor vehicle within
the meaning of the Road Traffic Act 1985, other than —
(a) a public passenger vehicle (within the meaning of the Road
Transport Act 2001);59

(b) a goods vehicle within the meaning of the said Act of 1985, and
includes any vehicle drawn, by such a vehicle.
(3) The Authority shall, before a prohibition or restriction under this
paragraph comes into force, give public notice in 2 or more newspapers published and
circulating within the Island of the date when it will come into force.
(4) Any person who contravenes a prohibition or restriction in force under
this paragraph shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £1,000.
SCHEDULE 6

WATER RATES AND CHARGES

Section 32(2)
Water rates
1. (1) Where water supplied to a house within the curtilage of a factory or
other premises is used solely for the domestic purposes of occupants of the house, the
house shall be deemed separate premises not forming part of the premises.
(2) For the purposes of this Act, the rateable value of any premises shall be
taken to be that value as appearing in the valuation list in force on the first day of the
rating year in question.
(3) If no rateable value appears in the list in relation to any premises, or if
the water rate is chargeable on a part of any premises entered therein, the rateable
value of the premises supplied shall be taken to be such sum, or, as the case may be,
such fairly apportioned part of the rateable value of the whole premises, as may be
agreed or, in default of agreement, determined by arbitration.
(4) Subject to sub-paragraph (1), where there is communication otherwise
than by a highway between buildings or parts of buildings in the occupation of the
same person, those buildings or parts of buildings, shall if the Authority so decides be
treated, for the purpose of charging water rates, as one building having a rateable
value equal to the aggregate of their rateable values.
(5) If a person is aggrieved by a decision of the Authority under sub-
paragraph (4), the matter shall be determined by arbitration.
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c AT 24 of 1991 Page 59

Additional charges
2. (1) Where water which the Authority supplies for domestic purposes and in
respect of which it charges a water rate is used for —
(a) watering a garden; or
(b) an ornamental fountain; or
(c) horses, washing vehicles or other purposes in stables, garages or
other premises where horses or vehicles are kept;
the Authority may, if a hosepipe or other apparatus is used, charge in respect of that
use of the water such additional annual sum as the Authority may determine.
(2) Where in either case the water used is drawn from a tap outside a house,
but no hosepipe or other apparatus is used, the Authority may charge an additional
annual sum not exceeding one half of the maximum sum chargeable under sub-
paragraph (1).
(3) Sums charged under this paragraph shall be recoverable in the manner
in which water rates are recoverable.
Requirement to take metered supply
3. (1) This paragraph applies where a maximum charge for a supply of water
by meter is fixed by the Authority.
(2) The Authority shall not be bound to supply with water otherwise than
by meter —
(a) any premises used as a house part of which is used by the same
occupier for any business, trade or manufacturing purpose for
which water is required;
(b) any premises used as a farmhouse;
(c) any public institution, hospital, mental institution, adult care
home under the Regulation of Care Act 2013, sanatorium, school,
club, hostel, assembly hall, place of public entertainment or
recreation, camp, restaurant or licensed premises (with the
meaning of the Licensing Act 1995);60

(d) any hotel, or any boarding-house capable of accommodating 12 or
more persons including the persons usually resident therein; or
(e) any premises which are used solely for business, trade or
manufacturing purposes and in which a supply of water for
domestic purposes only is required.
(3) In any of the cases mentioned in sub-paragraph (2) the water shall be
supplied at a charge not exceeding the maximum charge so fixed, but subject to a
minimum annual charge equal to the annual amount which would be payable by way
of water rate for a supply of water for domestic purposes furnished to the premises in
question.
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Metered supply for certain apparatus
4. Where a person who takes a supply of water for domestic purposes from the
Authority otherwise than by meter desires to use any of the water so supplied —
(a) for operating a water-cooled refrigerating apparatus; or
(b) for operating any apparatus depending while in use upon a
supply of continuously running water, not being an apparatus
used solely for heating the water; or
(c) for cleaning, regenerating or supplying motive power to any
apparatus used for softening water;
the Authority may require that all water so used shall —
(i) if a maximum charge for a supply of water by meter is
fixed by the Authority, be taken by meter at a charge not
exceeding the charge so fixed; or
(ii) where such a charge is not fixed, be paid for at such
reasonable rate as may be agreed or, in default of
agreement, determined by arbitration.
Metered supply for hosepipe etc.
5. Where water which the Authority supplies for domestic purposes and in respect
of which it charges a water rate is used by means of a hosepipe or other
apparatus for —
(a) watering a garden, or
(b) an ornamental fountain, or
(c) horses, washing vehicles or other purposes in stables, garages or
other premises where horses or vehicles are kept,
the Authority may require that all water used by means of the hosepipe or other
apparatus shall be taken by meter and paid for at the rate for the time being applicable
to a supply by meter for non-domestic purposes.
Moveable dwellings
6. (1) No person shall be entitled to demand or to continue to receive from the
Authority a supply of water to any habitation to which this paragraph
applies unless —
(a) he has agreed with the Authority to take a supply of water by
meter and to pay it such minimum annual sum as will —
(i) give the Authority a reasonable return on the capital
expenditure incurred by it in providing the required
supply, and
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c AT 24 of 1991 Page 61

(ii) cover other standing charges incurred by the Authority in
order to meet the possible maximum demand for the
habitation, and
(iii) yield a reasonable return on the cost of the water supplied;
and
(b) he has secured to the reasonable satisfaction of the Authority, by
way of deposit or otherwise, payment of such a sum as may be
reasonable having regard to his possible maximum demand for
water.
(2) In default of agreement, questions as to the annual sum to be so paid and
the security to be so given shall be determined by arbitration.
(3) The habitations to which this paragraph applies are tents, vans or other
conveyances, whether on wheels or not, and sheds or similar structures, not being
permanent structures to which the building byelaws apply.
Supply by common pipe
7. Where 2 or more houses or other buildings in the occupation of different
persons are supplied with water by a common pipe, the owner or occupier of each of
them shall be liable to pay the same water rate for the supply as he would have been
liable to pay if it had been supplied with water by a separate pipe.
Rating of owners
8. (1) Where a house or other building supplied with water by the Authority
has a rateable value not exceeding £70, the owner instead of the occupier shall, if the
Authority so decides, pay the rate for the supply of water.
(2) [Repealed]61

Discount for prompt payment
9. (1) The Authority may allow discounts or rebates in consideration of prompt
payment of water rates and charges.
(2) Discounts or rebates under this paragraph shall be at the same rate under
like circumstances to all persons and shall not in any case exceed 5 per cent.
(3) If and so long as the Authority allows such discounts or rebates, notice of
the effect of this paragraph shall be endorsed on every demand note for water rates
and charges.
Recovery from persons leasing premises
10. If it is shown to the satisfaction of a Deemster on sworn information in writing
that a person —
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(a) is quitting, or is about to quit, premises to which the Authority
supplies water, and
(b) has failed to pay on demand the water rate or charge payable by
and due from him in respect of those premises, and
(c) intends to evade payment thereof by departing from the premises,
the Deemster may, in addition to issuing a summons for non-payment of the sum due,
issue an order under his hand authorising the person named therein forthwith to enter
the premises and to seize sufficient goods and chattels of the defaulter to meet the
claim of the Authority and to detain them until the suit is determined.
Register of meter to be evidence
11. (1) Where the Authority supplies water by meter, the register of the meter
shall be prima facie evidence of the quantity of water consumed.
(2) Any question arising between the Authority and a consumer with
respect to the quantity of water consumed may, on the application of either party, be
determined by arbitration.
(3) If the meter on being tested is proved to register incorrectly to any
degree exceeding 5 per cent —
(a) the meter shall be deemed to have registered incorrectly to that
degree since the last occasion but one before the date of the test on
which a reading of the index of the meter was taken by the
Authority, unless it is proved to have begun to register incorrectly
on some later date; and
(b) the amount of any refund, to be made to, or of any extra payment
to be made by the consumer shall be paid or allowed by the
Authority or paid by the consumer, as the case may be, and in the
case of an extra payment shall be recoverable in the manner in
which water rates are recoverable.
SCHEDULE 7

SAVINGS

Section 47(1)
Saving for 1972 provisions
1. Notwithstanding the repeal by this Act of the Water Act 1972, the transitional
provisions contained in sections 50 and 51 of that Act shall remain in force so far as
may be necessary in relation to the transfer of undertakings effected by that Act.62

Water Act 1991 Schedule 8



c AT 24 of 1991 Page 63

Saving for powers to take water
2. (1) Where immediately before the commencement of this Act the Authority
was authorised or empowered to impound, collect, conserve, take, use, divert or
appropriate any springs, streams or other sources of water, it shall be treated as being
so authorised by virtue of an order under section 3.
(2) For the purposes of sub-paragraph (1) the Authority shall be deemed to
have been so authorised or empowered in relation to the streams impounded by the
dam at Tholt-y-Will in the parishes of Ballaugh and Lezayre known as the Sulby
Reservoir dam.
Saving for officers of Authority
3. Nothing in this Act affects the status of any officer or servant of the Authority or
the terms and conditions on which he is employed.
Saving for byelaws
4. Any byelaws made, or having effect as if made, by the Authority under any
enactment repealed by this Act and in force immediately before the commencement of
this Act shall have effect as if they were made by the Department under the
corresponding provision of this Act.
SCHEDULE 8

AMENDMENT OF ENACTMENTS

Section 47(2)
[Sch 8 amended by Fisheries Act 2012 Sch 3, and amends the following Acts —
Rating and Valuation Act 1953 q.v.
Fire Services Act 1984 q.v.
Building Control Act 1991 q.v.]
SCHEDULE 9

ENACTMENTS REPEALED

Section 47(3)
[Sch 9 repeals the following Acts wholly —
Douglas (West Baldwin) Water Act 1899
Analysis of Public Water Supply Act 1955
Water (Temporary Provisions) Act 1965
Water Act 1972
Schedule 9
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Page 64 AT 24 of 1991 c

Water (Amendment) Act 1973
Water Act 1979
and the following Acts in part —
Local Government Consolidation Act 1916
Rating and Valuation Act 1953
Isle of Man Loans Act 1974
Inland Fisheries Act 1976
Governor’s General Functions (Transfer) Act 1980
Acquisition of Land Act 1984
Fire Services Act 1984
Gas Undertakings Act 1985
Treasury Act 1985
Statutory Boards Act 1987
Statute Law Revision Act 1989
Council of Ministers Act 1990.]
APPENDIX

Water Act 1972 ss 50 and 51
50 Saving of agreements, etc

[M.O. 39]
(1) Subject to the provisions of this Act and to subsection (2) of this section all sales,
conveyances, grants, assurances, deeds, contracts, bonds, agreements, notices and demands
affecting any of the existing undertakings and in force immediately before the day of transfer
shall on and from that day be as binding and of as full force and effect in every respect and may
be enforced as fully and effectually against or in favour of the Authority as if instead of the
Corporation or the Water Board the Authority had been a party thereto or bound thereby or
entitled to the benefits thereof.
(2) Nothing in this section contained shall relate to or affect —
(i) any funds, money or securities for money of the Corporation
representing any sinking fund established by the Corporation or
moneys held on revenue account in respect of their undertaking;
(ii) any liabilities or obligations in respect of any sum borrowed by
the Corporation for the purposes of their undertaking.
51 Books to remain evidence

[M.O. 40]
All books and documents which if this Act had not been made would have been evidence
in respect of any matter for or against the Corporation or the Water Board shall insofar
Water Act 1991 Schedule 9



c AT 24 of 1991 Page 65

as they relate to an undertaking transferred by this Act be admissible in evidence on and
after the day of transfer in respect of the same matter for or against the Authority.
Water Act 1991 Endnotes


c AT 24 of 1991 Page 67

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Part I heading amended by SD155/10 Sch 9 and by SD2014/06. 2
S 1 substituted by SD2014/06. 3
Para (b) amended by Flood Risk Management Act 2013 s 90. 4
Subs (1) substituted by SD155/10 Sch 9. 5
Subs (4) amended by Flood Risk Management Act 2013 s 90. 6
Subs (6) amended by SD155/10 Sch 5. 7
S 2A inserted by SD2014/06. 8
Subs (3) amended by SD155/10 Schs 3, 5, 9 and 11. 9
Subs (4) amended by SD155/10 Sch 5. 10
Subs (2) amended by SD155/10 Schs 3, 9 and 11. 11
Subs (3) repealed by SD155/10 Sch 11. 12
Subs (1) amended by Food Act 1996 Sch 4. 13
Subs (1) amended by Public Health (Amendment) Act 2000 s 12 and by SD155/10 Sch
3. 14
Subs (2) amended by Public Health (Amendment) Act 2000 s 12. 15
Subs (3) repealed by SD155/10 Sch 11. 16
Subs (3) added by Sewerage Act 1999 Sch 4 and amended by SD155/10 Sch 3. 17
Subs (1) amended by Flood Risk Management Act 2013 s 90. 18
Subs (1) amended by Flood Risk Management Act 2013 s 90. 19
Subs (1) amended by Rating and Valuation (Amendment) Act 1991 Sch 1. 20
S 28 repealed by Rating and Valuation (Amendment) Act 1991 s 8. 21
Subs (1) repealed by Employment Act 1991 Sch 11. 22
S 35A inserted by SD2014/06.
Endnotes Water Act 1991


Page 68 AT 24 of 1991 c

23
Subs (2) amended by SD155/10 Sch 3. 24
Subs (3) amended by SD155/10 Sch 3. 25
Subs (1) amended by Food Act 1996 Sch 4. 26
Subs (2) amended by SD155/10 Sch 3. 27
Para (b) amended by SD155/10 Sch 3. 28
Para (a) amended by SD155/10 Sch 3. 29
Subs (8) amended by SD155/10 Sch 3. 30
Subs (4) amended by SD155/10 Sch 3. 31
Subs (1) amended by SD155/10 Sch 3. 32
Definition of “the Agriculture Department” repealed by SD155/10 Sch 3. 33
Definition of “the Authority” amended by SD155/10 Sch 9 and by SD2014/06. 34
Definition of “the Department” amended by SD155/10 Sch 5. 35
Definition of “drainage works” substituted by Flood Risk Management Act 2013 s 90. 36
Definition of “the Environment Department” repealed by SD155/10 Sch 3. 37
Definition of “food production premises” inserted by Food Act 1996 Sch 4. 38
Definition of “food production purposes” inserted by Food Act 1996 Sch 4. 39
Definition of “the Highways Department” repealed by SD155/10 Sch 5. 40
Definition of “water rate” inserted by Flood Risk Management Act 2013 s 90. 41
ADO (ss 1, 42(1), 47(3) and Sch 9 so far as they relate to s 2 of Water Act 1972, para 1
of Sch 2 to Gas Undertakings Act 1985 and para 3 of Sch 3 to Statutory Boards Act 1987,
s 48) 23/1/1992 (GC439/91); (remainder of provisions except s 10 and Sch 3) 1/7/1992
(GC274/92); (s 10 and Sch 3) 1/8/1998 (SD402/98). 42
Para (c) substituted by SD155/10 Sch 11. 43
Subpara (2) repealed by Inquiries (Evidence) Act 2003 Sch 2. 44
Subpara (6) repealed by Inquiries (Evidence) Act 2003 Sch 2. 45
Subpara (1) amended by SD155/10 Sch 11. 46
Subpara (3) amended by SD155/10 Sch 1 and by SD2014/07. 47
Subpara (1) amended by SD155/10 Sch 3. 48
Item (a) amended by Food Act 1996 Sch 4. 49
Item (b) amended by Food Act 1996 Sch 4. 50
Item (c) amended by Food Act 1996 Sch 4. 51
Item (d) amended by Food Act 1996 Sch 4. 52
Subpara (1) amended by SD155/10 Sch 3. 53
Item (a) amended by Food Act 1996 Sch 4. 54
Subpara (1) amended by SD155/10 Sch 3. 55
Subpara (1) amended by SD155/10 Sch 3. 56
Para 5 amended by SD155/10 Sch 3. 57
Subpara (2) amended by SD155/10 Schs 5, 9 and 11. 58
Para (b) amended by SD155/10 Sch 5. 59
Item (a) substituted by Road Transport Act 2001 Sch 3. 60
Para (c) amended by Licensing Act 1995 Sch 3 and by Regulation of Care Act 2013 s
205.
Water Act 1991 Endnotes


c AT 24 of 1991 Page 69

61
Subpara (2) repealed by Flood Risk Management Act 2013 s 90. 62
Sections 50 and 51 of the 1972 Act (as of 1 July 1992) form an appendix to this Act.