43.— (1) In this section—

“connection” means a drain, a distribution system or a service connection and includes part of such drain, distribution system or service connection;

“public road” and “road authority” have the same meanings respectively as in section 41.

(2) A water services authority may, at its absolute discretion, subject to such conditions as it may decide, provide, repair or replace, or contribute to the cost of providing, repairing or replacing a connection.

(3) Subject to subsection (4), a person who owns or controls a connection, or in whom it is vested, or who has taken it in charge, shall be responsible for its maintenance and renewal, and shall ensure that it is kept in good order and repair, so as to—

(a) prevent a risk to human health or the environment,

(b) facilitate the reasonable conservation of water and the proper and effective management of water services, and

(c) prevent the infiltration or exfiltration of water or waste water.

(4) Where a person cannot be identified for the purposes of subsection (3), responsibility under that subsection shall lie with the owner or owners of any premises using the connection, in direct proportion to the level of use of the connection to supply water to or convey waste water from the premises or respective premises, as the case may be.

(5) A water services authority may enter any relevant land and carry out all necessary investigations or works for the purposes of providing, ascertaining the condition of or taking in charge, a connection, or for the purposes of subsection (6).

(6) If, in the opinion of a water services authority, a connection is so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority may, at its absolute discretion—

(a) direct by notice the person or persons responsible for its maintenance or renewal to carry out such works as it considers necessary, or

(b) carry out in the first instance, or in the event of failure to comply with a notice under paragraph (a), such works as it considers necessary, and recover the cost of such works from the person or persons responsible for maintenance or renewal of the connection.

(7) If a connection is found on investigation not to be so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority which carried out the investigation shall cause such connection to be restored and any opening or excavation made in the course of the investigation to be closed or filled up and any damage done to be made good.

(8) Where—

(a) a person wishes to install a connection, or

(b) a person responsible for the maintenance or renewal of a connection wishes, or has been directed under subsection (6)(a), either by himself or herself or by arrangement with a third party to undertake maintenance or renewal works on a connection,

which runs, or is intended to run through, across, under, over or along any public road or place intended for a public road, then he or she may do so, subject to the consent of the road authority in whose functional area the road is situated.

(9) A road authority may attach conditions to the granting of any consent under subsection (8) as if the person concerned was a person to whom section 41(3) applies, which shall be binding on that person or his or her agents as the case may be.

(10) For the purposes of providing any pipe under this section a water services authority shall have the powers mentioned in section 41.

(11) The Minister may make regulations in relation to notices under subsection (6)(a), and without prejudice to the generality of such regulations, they may include provisions in relation to—

(a) the action to be carried out under a notice,

(b) the time limit by which action directed to be carried out under a notice must be completed,

(c) the quality of materials and workmanship to be employed in any remedial action under a notice,

(d) powers of entry and investigation by authorised persons, and

(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with, or enforcement of, a notice.

(12) A water services authority may, at its discretion and subject to such conditions as it may decide, take in charge a connection, which shall thereafter come under the sole control and responsibility of the water services authority.

(13) (a) Without prejudice to section 180 of the Act of 2000, where a water services authority proposes to take in charge a connection under subsection (12), then it shall by notice inform any person who owns or controls the connection, of its intention to take it in charge, and where the identity of that person cannot be ascertained by reasonable enquiry, a notice for the purposes of this subsection may issue in accordance with section 19(5).

(b) Where, for the purposes of paragraph (a), the identity of the person or persons who owns or controls a connection cannot be ascertained after reasonable enquiry, then the water services authority shall also by notice inform any person who is responsible, in accordance with subsection (4), for the maintenance or renewal of that connection, and notwithstanding section 19 such notice may be issued by publication in a newspaper circulating in the area where the connection is located.

(14) A notice under subsection (13) may be appealed in accordance with section 92(8) by the person to whom it is addressed as if it was a notice issued under section 92(2), and shall be enforceable as if it was issued under that section.

(15) A person to whom a notice under subsection (13) is addressed shall, unless he or she waives that right, be entitled to reimbursement, from the water services authority which issued the notice, for the costs of the materials and labour expended by him or her in providing the connection, together with any additional compensation arising from a reduction in the value of his or her interest in the connection concerned.

(16) Where a dispute arises between a person to whom a notice under subsection (13) is addressed and the water services authority which issued it, then the matter may be referred by either of them to arbitration as if it was a referral for arbitration under section 92(15) but only to the extent that it relates to reimbursement or compensation under subsection (15) of this section.

(17) A person who—

(a) damages a connection, or

(b) fails to comply with a notice under subsection (6)(a),

commits an offence.