Jersey Law 7/1990

WATER (AMENDMENT) (JERSEY) LAW 1990

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A LAW     to amend further the Water (Jersey) Law 1972 to make additional provisions for meeting deficiencies in the supply of water; and to increase penalties for offences under the Law, sanctioned by Order of Her Majesty in Council of the

1st day of MAY 1990

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(Registered on the 1st day of June 1990)

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STATES OF JERSEY

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The 13th day of December 1989

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THE STATES, subject to the sanction of Her Majesty in Council, have adopted the following Law –

ARTICLE 1

Provision for meeting deficiencies of water supplies

After Article 16 of the Water (Jersey) Law 1972,1 as amended2 (hereinafter referred to as “the principal Law”) there shall be inserted the following Article –

“ARTICLE 16A

Power to restrict temporarily use of water for purposes other than non-essential purposes

(1)          Where the Committee is satisfied, after consultation with the Company, that a serious deficiency of water available in any part of the Island exists or is threatened, the Committee may by Order provide –

(a)     for restricting the quantity of water supplied by the Company to any premises;

(b)     generally for giving effect to the provisions of such an Order.

(2)          No Order made under this Article shall apply to any water supplied solely for the domestic purposes of a person’s private household.

(3)          An Order made under this Article –

(a)     may be expressed to apply generally or in relation to different classes of persons or different persons within any class;

(b)     shall prescribe means for bringing its provisions to the attention of the persons to whom those provisions may apply.

(4)          Any person who contravenes or fails to comply with any provision of an Order made under this Article shall be guilty of an offence and, whether or not any proceedings are taken in respect of the offence –

(a)     the Committee may take such steps as appear to it to be necessary to ensure compliance with the Order, and any expenses reasonably  incurred by the Committee in so doing shall be recoverable as a civil debt from the person concerned;

(b)     the Company shall, if the Committee so instructs, cut off the supply of water to any person who has contravened such a provision.

(5)          Without prejudice to paragraph (3) of Article 15 of the Interpretation (Jersey) Law 1954,3 an Order made under this Article shall expire on such date, not exceeding three months after the date on which the Order is made, as may be specified in the Order.”

ARTICLE 2

Increase of penalties

(1)           In paragraph (5) of Article 12 of the principal Law4 for the words “twenty pounds” there shall be substituted the words “two hundred pounds”.

(2)           In Article 24 of the principal Law5 for all the words from “be liable” to the end of the Article there shall be substituted the following words –

“be liable to a fine not exceeding two thousand pounds and, in the case of a continuing offence, to a further fine not exceeding two hundred pounds for each day during which the offence is continued”.

(3)           In Article 25 of the principal Law6 for the words “twenty pounds” there shall be substituted the words “two hundred pounds”.

(4)           In paragraph (3) of Article 31 of the principal Law7 for the words “twenty pounds” and “five pounds” there shall be substituted the words “two hundred pounds” and “fifty pounds” respectively.

ARTICLE 3

Short title

This Law may be cited as the Water (Amendment) (Jersey) Law 1990.

R.S. GRAY

Deputy Greffier of the States.