Section 40Q

a licensed plumber has failed, or is likely to have failed, to comply with a condition of his or her plumber’s licence in carrying out any regulated works;

a licensed plumber has contravened, or is likely to have contravened, any requirement imposed by or under this Act or the Sewerage and Drainage Act 1999, in relation to any regulated works that the licensed plumber is responsible for;

a professional engineer has contravened, or is likely to have contravened, any requirement imposed by or under this Act, in relation to any WSI design works that the professional engineer is responsible for;

any water service installation does not conform to any requirement set out in the regulations made under section 72; or

any sanitary works are not or were not carried out in conformity with any requirement imposed by or under the Sewerage and Drainage Act 1999,the Board may give a direction, verbally or in writing, to any person specified in subsection (2), and the person must comply with the direction.

for a direction under subsection (1)(a) or (b) —

the licensed plumber mentioned in subsection (1)(a) or (b); or

if the Board is of the opinion that the licensed plumber mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber;

for a direction under subsection (1)(c) —

the professional engineer mentioned in subsection (1)(c); or

if the Board is of the opinion that the professional engineer mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another professional engineer;

for a direction under subsection (1)(d) —

the licensed plumber reasonably believed to have last carried out, or directly supervised the carrying out of, any limited WSI design works or WSI works on the water service installation that resulted in its non-conformity;

the professional engineer reasonably believed to have last carried out any WSI design works on the water service installation that resulted in its non-conformity;

if the Board is of the opinion that the licensed plumber or professional engineer mentioned in sub-paragraph (i) or (ii) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber or professional engineer, as the case may be;

the owner or occupier of the premises where the water service installation is situated; or

the consumer who is supplied water through the water service installation; and

for a direction under subsection (1)(e) —

the licensed plumber reasonably believed to have last carried out, or directly supervised the carrying out of, the non-conforming sanitary works;

if the Board is of the opinion that the licensed plumber mentioned in sub-paragraph (i) is incapable of carrying out any requirement specified in the Board’s direction, another licensed plumber; or

the owner or occupier of the premises where the non-conforming sanitary works are or were carried out.

may require the person specified in subsection (2) to do, or to refrain from doing, such things as are specified in the direction or are of a description as specified in the direction;

is to take effect at such time, being the earliest practicable time, as is determined by or under that direction; and

may be revoked at any time by the Board.

the licensed plumber or professional engineer (as the case may be) must notify the affected owner, occupier or consumer specified in subsection (2)(c)(iv) or (v) or (d)(iii) (as the case may be) of the direction; and

the Board may disconnect or refuse to supply water through the water service installation until such time that the requirements of the Board specified in the direction have been complied with.