s.9Projects
9
Section 9Part 2 — Establishment, functions and duties of the Water Authority

Projects

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The Authority may carry out and provide any works and any services relating to the design, planning, construction, maintenance or repair of a water supply or wastewater system, whether or not the system is part of or connected to a public water supply or wastewater system.
For the purposes of carrying out and providing any of the works or services referred to in subsection (1) —
the Authority shall have the powers in respect of public water supply and public wastewater systems mentioned in paragraphs (a) and (b) of section 7(1); and
the Authority shall have power to do any thing, including the expenditure or borrowing of money, which is calculated to facilitate, or is conducive or incidental to, those purposes.
The powers conferred on the Authority by subsection (1) shall only be exercisable —
for the purposes of facilitating any of the activities of —
a Government school, or a private school registered under the Education Act (2010 Revision);
a charitable body;
a Government hospital or clinic; or
a Government department or statutory corporation; or
for any purposes where a state of emergency has been declared under the Emergency Powers Act (2006 Revision).
The Cabinet may, after consultation with the Authority, direct the Authority to exercise any power conferred by subsection (1), and, if the Cabinet does so, the Cabinet may also give the Authority directions with respect to —
the manner in which, and time within which, the power is to be exercised; and
the resources of the Authority with which the power is to be exercised.
The Authority shall not exercise the power conferred by subsection (1) above for a purpose falling within paragraph (a) of subsection (3) except pursuant to a direction given under subsection (4) by the Cabinet.
The Cabinet shall not give a direction under subsection (4) unless the Cabinet is satisfied —
that the exercise of any power pursuant to the direction would not prevent the Authority from carrying out its duties under sections 5 and 6 or from complying with any other direction given under subsection (4);
that the Authority would not, solely by virtue of the direction, be likely to fail to carry out the duty specified in section 16 (duty of balancing revenue account);
that the Authority would be able to exercise its powers pursuant to the direction without requiring for those purposes an advance, grant or guarantee made or given under section 13; and
it is unlikely that the exercise of any power pursuant to the direction will have a substantially adverse effect on the development of competition in the provision in the Islands of the works or services referred to in subsection (1).

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