Water Services Act 2007

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

40. Joint provision of water services.

40.— F37[…]

41. Installation of pipes.

41.— (1) In this section—

“local road”, “national road” , “public road” , “regional road” and “road” have the same meaning as in section 2 of the Roads Act 1993;

“pipes” includes sewers, drains, water mains, distribution systems, service connections or their accessories;

F38["road authority" means—

• (a) in the case of a toll road within the meaning of Part V of the Roads Act 1993, the National Roads Authority, and

• (b) in all other cases, a local authority within the meaning of the Act of 2001, other than a local authority referred to in Part 2 of Schedule 6 to that Act.]

• (2) A water services authority, or other person acting jointly with it or on its behalf, may, for the purpose of providing or assisting in the provision of water services, carry pipes through, across, over, under or along any public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the relevant road authority where the water services authority is not the road authority for that road or place intended for a road.

• (3) Any person authorised by a water services authority to provide water services or any person providing water services jointly with or on behalf of that person, may, in respect of the provision of those services, carry pipes through, across, over, under or along a public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the road authority for that road.

• (4) Subject to any regulations that the Minister may make under subsection (6), a road authority may attach conditions to the granting of any consent under subsection (2) or (3), which shall be binding on the said water services authority or authorised provider of water services or person providing water services jointly with or on behalf of the water services authority or authorised provider of water services as the case may be.

• (5) Without prejudice to the generality of subsection (4), conditions attaching to any consent may include—

• (a) the periods during which and times at which works shall be or shall not be carried out,

• (b) the period within which works shall be completed,

• (c) the manner in which works shall be completed,

• (d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of works,

• (e) requirements in relation to giving security, including refundable deposits, as the case may be, for the satisfactory reinstatement of a public road following the carrying out of works,

• (f) requirements in relation to the co-ordination of work with other work being undertaken or proposed by other persons,

• (g) requirements in relation to the control of traffic in the vicinity of works,

• (h) requirements in relation to the supervision and inspection of works by the road authority,

• (i) requirements in relation to the carrying out of additional works,

• (j) requirements in relation to the provision of information to the public as to the extent or nature of the works or the period within which they shall be completed, and

• (k) any other measures considered necessary by the road authority for the protection of human health or the environment, and to facilitate sustainable development.

• (6) The Minister may, with the consent of the Minister for Transport, make regulations for the purposes of this section.

• (7) Without prejudice to the generality of subsection (6), regulations under this section may include provision for—

• (a) procedures for the administration of the consent process, including in relation to refusal or withdrawal of a consent,

• (b) charges for administration of the consent process,

• (c) matters to be taken into consideration by a road authority for the purposes of the consent process,

• (d) conditions attaching to a consent,

• (e) waiving or substitution of consent procedures in an emergency for the purposes of protecting human health and the environment,

• (f) requirements and standards in relation to the reinstatement of roads,

• (g) notification and public consultation requirements, or

• (h) procedures when consent is refused or withdrawn, or an applicant for consent wishes to make representations in relation to conditions attaching to a consent.

• (8) Regulations under this section may make different provisions for applications for consent for different classes of roads.

• (9) A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.

• (10) A road authority shall have a right of action for relief by way of injunction or declaration from the High Court against any person to restrain any non-compliance or direct any compliance with a requirement of this section, and the Court may grant such order as it sees fit.

• (11) For the purposes of this Act, where a person (other than a road authority) claims an interest in or under any road—

• (a) it shall be for the person concerned to prove such interest, and

• (b) the value of such interest shall be taken to be nil unless it is shown to be otherwise by the person.

• (12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.

• (13) F39[…]

• (14) F39[…]

42. Requirement to connect to waterworks or waste water works.

42.— (1) Where—

• (a) a water services authority has provided, arranged for the provision of or taken in charge a waste water works, and

• (b) in the opinion of the authority, any premises F41[…]—

• (i) is not drained in a satisfactory manner, or

• (ii) constitutes, or is likely to constitute, a risk to human health or the environment, and

• (iii) is capable of being served by means of a service connection of a reasonable length to the waste water works,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waste water works.

• (2) Where—

• (a) a water services authority has provided, arranged for the provision of or taken in charge a waterworks, and

• (b) in the opinion of the authority, any premises F41[…] is—

• (i) not provided with a satisfactory supply of water, and

• (ii) capable of being served by means of a service connection of a reasonable length to the waterworks,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waterworks.

• (3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the water services authority, or under its supervision.

• (4)
• (a) Subsection (1) and (2) shall also apply where a water services authority has authorised or entered into an agreement with another person, or where an authorised provider of water services has entered into such an agreement for the provision of the waterworks or waste water works in question, provided that the agreement of that person to the additional connection is, unless otherwise provided for in any aforementioned agreement, also obtained by the water services authority.

• (b) Where paragraph (a) applies, the water services authority may also require the owner of the premises concerned to take a supply of water through a meter or other instrument provided for measuring the supply of water to that premises or to discharge water through a waste water discharge meter in accordance with Part 5.

• (5) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him or her, appeal against the terms of notice to the District Court and a decision from the District Court under this subsection shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

• (6) Notice of appeal under this section shall be given to the water services authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.

• (7) On the hearing of an appeal under this section the District Court may—

• (a) confirm the notice unconditionally,

• (b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

• (c) annul the notice.

• (8) A notice under this section shall take effect—

• (a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

• (b) in case an appeal is taken and is not so withdrawn, when the appeal is withdrawn or determined.

• (9)
• (a) Subject to the provisions of this subsection, where a notice under this section has been served on the person who was, when the notice was served on him or her, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the water services authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person commits an offence.

• (b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the water services authority may allow for such compliance) ceased to be the owner of the premises, he or she shall, upon complaint duly made by him or her and on giving to the prosecution not less than 3 clear days’ notice of his or her intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.

• (c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he or she took all reasonable steps to secure compliance with the notice, he or she shall be acquitted of the offence.

• (d) In paragraph (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) by the water services authority, be construed as referring to so much of the works required by that notice as is not so specified.

• (e) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of a premises by reason of receiving rent shall, if he or she receives the rent as agent for another person, be regarded as not being such owner.

• (10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works.

• (11)
• (a) Where a notice under this section requires the execution of works which include the installation of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the water services authority which served the notice shall itself install, or arrange for the installation of, so much of the pipe as lies within that land and may recover the costs involved from the person to whom the notice is addressed.

• (b) For the purpose of installing a pipe under this subsection or subsection (12), a water services authority shall have the powers and duties specified in section 41 and, where appropriate, Part 7 or 8, and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under those provisions.

• (12) Without prejudice to section 92, where works to facilitate drainage of a premises in accordance with a notice under section 92(2), or to connect a premises to a waterworks or waste water works require the installation of a pipe passing through another premises which is not owned by or under the control of the owner of the premises to be drained or connected, a water services authority may, on request of the owner of the premises to be drained or connected, itself install or connect, or arrange for the installation or connection of, so much of the pipe or related accessories as lie within that premises, and may recover the costs involved from the owner of the premises to be drained or connected.

• (13) Responsibility for the subsequent maintenance and renewal of any pipe installed under the powers provided in subsection (11) or (12) shall lie in the first instance with the person on whose behalf the work is carried out, and his or her successors in title, but a water services authority may, at its absolute discretion, take any such pipe in charge in accordance with section 43(12).

43. Connections.

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.

44. Repairs to service connections.

44.— (1) Where any premises F43[…] is connected to a water supply or sewer which is either the property of a water services authority or an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, by means of a service connection passing through land, the owner of which is not the owner of the premises, the water services authority F43[…] may—

• (a) on the request of the owner of the premises, carry out on such land, any necessary repair or renewal of such service connection,

• (b) after 7 days’ notice in writing to the owner of such land or in case of emergency without notice enter on such land and do all things reasonably necessary for the purpose of the repair or renewal.

• (2) Any expenses incurred by a water services authority under this section at the request of the owner of a premises may be recovered from that person by the authority.

45. Damage to pipes.

45.— A person who causes any damage to a water main, distribution system, sewer, drain, service connection or their accessories used for the purpose of providing water services belonging to or in the charge of a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, commits an offence.

46. Obligations under other enactments.

46.— No provision in this Act shall be construed as relieving a water services authority of any obligation under another enactment, including enactments brought into operation after the commencement of this section, to consult with or obtain the agreement of another public authority with an interest in any premises affected before undertaking works in relation to any of its functions under this Act.

47. Monitoring and inspection.

47.— (1) Each water services authority, the Minister or other person prescribed shall—

• (a) carry out, or cause to be carried out, such monitoring or inspection of water services operations as it, he or she considers to be necessary for the performance of their functions under this Act, and

• (b) keep and maintain or cause to be kept and maintained, such records of any monitoring or inspections carried out under paragraph (a) as it, he or she considers reasonable and necessary.

• (2) Where it appears necessary to do so for any purpose of this Act, a water services authority, the Minister or other person prescribed may require any person who is in control of a water service—

• (a) to carry out or arrange to have carried out such monitoring, at such frequency (including continuous monitoring by electronic means or otherwise) in relation to the activity concerned as it, he or she may specify,

• (b) to keep and to supply to the water services authority, the Minister or other person prescribed such records of said monitoring or inspection as it, he or she may specify, or

• (c) to provide meters, gauges, manholes or inspection chambers or any other apparatus for the purposes of this section.

• (3) Each water services authority or other person prescribed shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring or inspection carried out under this section that are in its, his or her possession or control.

• (4) Each water services authority, the Minister or other prescribed person, shall carry out or take or cause to be carried out or taken such monitoring or other measures as it, he or she considers necessary to verify that any monitoring, or records of such monitoring, required under subsection (2) are being properly carried out or retained, as the case may be.

• (5) Without prejudice to any other provision of this Act, the Minister may make regulations requiring the making of payments by any person for the purpose of defraying costs which may be incurred by a water services authority, the Minister or other prescribed person in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities of that person.

• (6) A payment which is required under regulations under this section, shall be payable on demand by the person concerned.

48. Consultation.

48.— The Minister may, having consulted with any Minister of the Government that he or she considers ought to be consulted having regard to their functions, make regulations requiring water services authorities or other persons prescribed, to consult with such other persons and in such manner in relation to the exercise of such powers and duties under this Act as may be prescribed.

49. Map of works.

49.— F44[…]

50. Agreement to take over proposed waterworks or waste water works.

50.— (1) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002, a water services authority, subject to any conditions of a related planning permission under the Act of 2000, may enter into an agreement.

• (2) Subject to subsection (3), the agreement referred to in subsection (1) is an agreement with any person proposing to construct any waterworks or waste water works, or any part of a waterworks or waste water works, F45[…] for the purpose of that waterworks or waste water works, or part of it being constructed by that person in accordance with the agreement.

• (3) The agreement referred to in subsection (1) shall be entered into with a view to the water services authority, upon its completion and at a specified date, declaring by order the waterworks or waste water works, or such part of the waterworks or waste water works covered by the agreement, to be vested in the water services authority.

51. Temporary interruption to water services.

51.— (1) In this section “an authority” means a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

• (2) An authority may temporarily interrupt service from a waterworks or a waste water works—

• (a) for the purposes of executing any necessary works,

• (b) in an emergency, including where an immediate risk to human health or the environment exists, or

• (c) in such other circumstances as may be prescribed.

• (3) An interruption of service under this Act, other than an interruption of service made in circumstances provided for in subsection (2)(b), shall only be effected after the user or users concerned have been given reasonable notice.

• (4) In the case of an interruption of service made under subsection (2) an authority shall, subject to any agreement in force under section 32(1)(k)—

• (a) ensure the restoration of the service as soon as possible, and

• (b) arrange for the provision to the user or users concerned of an appropriate alternative supply of drinking water for domestic purposes where the service interruption exceeds 24 hours.

• (5) Notwithstanding section 19, a notice under subsection (3) shall be deemed to have been served on all users concerned if it is—

• (a) advertised in a newspaper circulating in the area in which an interruption of service is scheduled to take place,

• (b) broadcast on a radio or television channel generally available in the area in which an interruption of service is scheduled to take place, or

• (c) advertised in such other manner as the Minister may direct.

• (6) The Minister may issue guidance in relation to what constitutes an appropriate alternative supply for the purposes of subsection (4)(b), and the exercise of its powers under this section by an authority shall be subject to any such guidance.

52. Recovery of sums due.

52.—F47[…]

PART 3 Water Supply

53. Misuse of water supplies.

53.— (1) A person who—

• (a) makes or causes or permits a connection to be made to a water supply provided by a water services authority, otherwise than with the agreement of the relevant water services authority and in compliance with any conditions attaching to that agreement, or

• (b) dishonestly uses, or causes to be diverted for dishonest use, or permits the dishonest use of any water supplied by a water services authority, or

• (c) wilfully wastes or permits wastage of any water supplied by a water services authority to a material extent,

commits an offence.

• (2) For the purposes of subsection (1) an act is done by a person dishonestly if the person does the act without claim of legal right.

• (3) In this section “water services authority” includes also an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

53A. F48[Review by Commission of rate of demand for water services provided to dwellings

53A. (1) The Commission shall carry out a review to assess the rate of demand, over a 12 month period, for water services provided by Irish Water to dwellings.

• (2) In carrying out the review under subsection (1) the Commission shall consider, in relation to water services provided by Irish Water to dwellings—

• (a) the estimated rate of demand by an individual for provision of water services,

• (b) the estimated rate of demand for provision of water services to dwellings, and the impact on that demand where the number of individuals who ordinarily reside in the dwelling concerned exceeds 4,

• (c) information relating to trends or patterns in water usage evident in the provision of water services to dwellings (in this section referred to as ‘trends or patterns’) furnished by Irish Water to the Commission on receipt of a request in that behalf from the Commission,

• (d) any trends or patterns identified by the Commission,

• (e) the impact on trends or patterns of the number of individuals who ordinarily reside in a dwelling,

• (f) statistics published by the Central Statistics Office relating to trends or patterns, and

• (g) any other available information considered relevant by the Commission, including information arising from the exercise by it of its other water regulatory functions (within the meaning of section 27 of the Water Services Act 2013).

• (3) A review under this section shall be carried out and completed—

• (a) in respect of the first review, not later than one month after the coming into operation of this section, and

• (b) in respect of each subsequent review, from time to time as determined by the Commission, and in any case not less than 6 months before the expiration of the period in respect of which, under section 22(2) of the Water Services (No. 2) Act 2013, the water charges plan under that section shall apply.

• (4) As soon as may be following the completion of a review under this section, the Commission shall furnish a report of the findings of the review to the Minister and shall, in the report—

• (a) provide an assessment of the average rate of demand for water services provided by Irish Water to a dwelling over the 12 month period to which the review refers (the ‘average rate’), and

• (b) in relation to provision of water services—

• (i) over the 12 month period to which the review refers, and

• (ii) to a dwelling where the number of individuals who ordinarily reside in the dwelling concerned exceeds 4,

recommend an allowance (the ‘recommended allowance’) to be made in respect of the provision of water services to each individual, in excess of 4, who so resides in the dwelling.

• (5) As soon as may be after furnishing the report to the Minister under subsection (4), the Commission shall publish—

• (a) the report on a website maintained by the Commission, and

• (b) a notice that the report has been published on the website in not fewer than 2 daily newspapers circulating throughout the State.]

53B. F49[Threshold amount and allowance amount

53B. (1) The Minister, as soon as may be after he or she has considered the first report under section 53A (inserted by section 8 of the Water Services Act 2017) furnished to him or her, shall by order specify—

• (a) the threshold amount, and

• (b) the allowance amount.

• (2) When making an order under subsection (1)(a), the Minister shall calculate the threshold amount by multiplying the average rate contained in the report furnished to him or her under section 53A by a multiplier of 1.7.

• (3) The allowance amount specified by the Minister when making an order under subsection (1)(b) shall be the sum equivalent to the recommended allowance contained in the report under section 53A.

• (4) The Minister, as soon as may be after he or she has considered a subsequent report furnished to him or her under section 53A—

• (a) may amend the order made under subsection (1)(a), and

• (b) shall, unless there has been no change in the recommended allowance specified in the previous report, amend the order made under subsection (1)(b) to specify the sum equivalent to the recommended allowance contained in that report.

• (5) Where the Minister after consideration of a subsequent report furnished to him or her under section 53A amends, during the period of 5 years commencing on the coming into operation of this section, an order made under subsection (1)(a) or (4)(a), he or she shall calculate the threshold amount by multiplying the average rate specified in the subsequent report concerned by a multiplier of 1.7.

• (6) Where the Minister after consideration of a subsequent report furnished to him or her under section 53A amends, at any time after the expiration of the period of 5 years commencing on the coming into operation of this section, an order made under subsection (1)(a) or (4)(a), he or she shall calculate the threshold amount by multiplying the average rate specified in the subsequent report concerned by a multiplier not exceeding 1.7.

• (7) Before making an order under subsection (5) or (6) the Minister shall have regard to—

• (a) the need to promote conservation of water and sustainable management of water resources,

• (b) the need to prevent or abate risks to human health or the environment in the provision of water services,

• (c) any river basin management plans for the time being in force made under Regulation 13 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003), and

• (d) proper planning and sustainable development.

• (8) Where an order is proposed to be made under subsection (6) a draft of the order shall be laid before each House of the Oireachtas and the Order shall not be made until a resolution approving the draft has been passed by each such House.]

53C. F50[Provision of water services exceeding threshold amount

53C. (1) Irish Water shall not charge a customer for water services provided by Irish Water to the customer’s dwelling over a 12 month period unless the water services so provided exceed the threshold amount.

• (2) For the purposes of subsection (1), a calculation by Irish Water of water services provided to a customer’s dwelling may be made in respect of any 12 month period.]

53D. F51[Notice of provision of water services exceeding threshold amount

53D. (1) Irish Water shall give a notice to a customer to whom, over a 12 month period, in relation to a dwelling, Irish Water provides water services exceeding the threshold amount.

• (2) In the notice under subsection (1) Irish Water shall—

• (a) identify the 12 month period concerned,

• (b) inform the customer that the threshold amount has been exceeded in that 12 month period, and

• (c) inform the customer that subsection (3) shall apply if the threshold amount continues to be exceeded over the 6 month period beginning on the day of the giving of the notice.

• (3) A customer in relation to whose dwelling Irish Water provides water services exceeding the threshold amount over the 6 month period commencing on the day of the giving of a notice under subsection (1), shall be liable, in accordance with section 21 (amended by section 15 of the Water Services Act 2017) of the No. 2 Act of 2013, to pay Irish Water for any such water services provided by Irish Water that exceed the threshold amount—

• (a) during that 6 month period, and

• (b) during any period after the expiration of that 6 month period.]

53E. F52[Allowance for household size

53E. (1) A customer who receives a notice under section 53D may apply under this section to Irish Water for an allowance where the number of individuals who ordinarily reside in the dwelling concerned exceeds 4.

• (2) For the purpose of this section Irish Water shall calculate the allowance—

• (a) by reference to the 12 month period referred to in the notice under section 53D, and

• (b) by multiplying the allowance amount by the number reached by reducing by 4 the total number of individuals ordinarily residing in the dwelling concerned over the 12 month period specified in the notice under section 53D.

• (3) An allowance under this section may operate to wholly or partly reduce the liability of a customer to pay Irish Water under section 53D for provision of water services exceeding the threshold amount.

• (4) A customer who has applied for or claimed an allowance in accordance with this section shall immediately give notice to Irish Water of any change in the number of individuals who reside in the dwelling concerned.

• (5) The Minister may, for the purpose of this section prescribe minimum periods, within a specified period, during which an individual is required to reside in a dwelling in order to be considered ordinarily resident in the dwelling.

• (6) The Minister shall for the purposes of an allowance under this section prescribe the following matters relating to an application for, and confirming continued entitlement to, an allowance under this section:

• (a) procedures to be followed by a customer applying to Irish Water for an allowance;

• (b) time limits within which, following receipt of a notice under section 53D, an application for an allowance is required to be made;

• (c) information to be furnished by the customer claiming, or who has claimed, an allowance to satisfy Irish Water regarding the number of individuals ordinarily residing in the dwelling concerned;

• (d) for the purposes of subsection (4), procedures to be followed by a customer and by Irish Water where there is a change in the number of individuals ordinarily residing in a dwelling at any time after the making of an application for, or the granting of, an allowance.]

53F. F53[Exemption where certain medical need

53F. (1) A customer who receives a notice under section 53D may apply to Irish Water under this section for an exemption.

• (2) Irish Water may grant an exemption to a customer from a liability to pay a charge under section 53D for provision of water services exceeding the threshold amount, where Irish Water is satisfied that an individual who ordinarily resides in the dwelling concerned has a medical need which requires that provision of water services exceeding the threshold amount.

• (3) A customer who has applied for or claimed an exemption in accordance with this section shall immediately give notice to Irish Water—

• (a) where any change in the medical need of the individual referred to in subsection (2) occurs, or

• (b) where that individual ceases to ordinarily reside in the dwelling concerned.

• (4) The Minister may, for the purpose of this section prescribe minimum periods, within a specified period, during which an individual is required to reside in a dwelling in order to be considered ordinarily resident in the dwelling.

• (5) The Minister shall for the purpose of an exemption under this section prescribe any of the following matters relating to an application for, and confirming continued entitlement to, an exemption under this section:

• (a) procedures to be followed by a customer applying to Irish Water for an exemption;

• (b) information to be furnished by a customer on an application for an exemption including the form in which medical evidence shall be furnished;

• (c) time limits within which, following receipt of a notice under section 53D, an application for an exemption is required to be made;

• (d) information to be furnished explaining the increased demand for water services due to the medical need;

• (e) categories of health professional who may provide medical evidence;

• (f) any requirement that medical evidence should be provided by the health professional treating the individual the subject of the application;

• (g) information to be furnished by the customer claiming, or who has claimed, the exemption to satisfy Irish Water that the individual the subject of the application ordinarily resides in the dwelling concerned;

• (h) for the purposes of subsection (3), the procedures to be followed by a customer and by Irish Water where there is a change in the medical need of the individual the subject of the application at any time after the making of an application for, or the granting of, an exemption.]

54. General duties of an owner.

54.— (1) The owner of a premises shall ensure that the internal distribution system of the premises is sufficient for, and maintained in such condition, as to ensure that water intended for human consumption meets prescribed quality requirements at the tap or taps used for such purposes.

• (2) The owner of a premises shall ensure that the distribution system of the premises, and all taps connected to it are maintained in such condition as to ensure that water does not leak from the distribution system or any taps connected to it, and shall be responsible for its repair and renewal, save in the circumstances provided for in subsection (4).

• (3) A water services authority may F54[…] by notice direct the owner of a premises to undertake such remedial action as may be specified in the notice, for the purpose of his or her compliance with subsection (1) or (2).

• (4) A water services authority may—

• (a) in lieu of issuing a notice under subsection (3), or

• (b) in the event of failure by a person to whom a notice has been served under subsection (3), to comply with that notice,

execute such works as it considers necessary in the first instance, for the purpose of facilitating compliance with subsection (1) or (2), and may recover the costs of such works, or the costs of any investigations or enforcement undertaken by it for the purposes of this section, from the owner of a relevant premises.

• (5) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, such regulations may include provisions in relation to—

• (a) the action to be carried out under a notice under subsection (3),

• (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 issued under subsection (3),

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

• (e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with subsection (1) or (2) or enforcement of a notice issued under subsection (3),

• (f) work standards and specifications for materials and fittings to be used in connection with work to which this section applies, or

• (g) any incidental and ancillary matters.

• (6) A person who—

• (a) contravenes subsection (1) or (2),

• (b) fails to comply with a notice under subsection (3), or

• (c) contravenes a regulation made under this section,

commits an offence.

55. Connection to a water supply.

55.— (1) (a) A person who—

• (i) causes or permits the connection of a premises to a water supply of a water services provider, either directly or indirectly, or

• (ii) otherwise takes such a supply,

without the agreement of the water services provider, commits an offence.

• (b) For the purposes of paragraph (a), and without prejudice to subsection (5), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.

• (c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of water supplies by it or another person acting jointly with it or on its behalf.

• (2) It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92.

• (3) Without prejudice to subsection (5), where a notice under section 42(2) takes effect in relation to any premises, agreement to a subsequent connection to a related waterworks shall be deemed to have been given for the purposes of compliance with subsection (1).

• (4) Without prejudice to subsection (5), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waterworks for the purposes of this section, subject to such conditions as the water services authority may require, consistent with its functions under this section.

• (5)
• (a) As a condition to the agreement of a water services authority to the connection of a premises to water supplies which are provided, or to be provided, by the water services authority or any person providing water services jointly with it or on its behalf, the water services authority may, in its absolute discretion and for the purposes of this section, require—

• (i) that the length or overall capacity of the service connection, or such related pipes or accessories as it considers necessary, be increased to such extent beyond technical requirements as it may specify so as to enable adjoining or other premises to be connected to a waterworks, but subject to the water services authority—

• (I) paying for any consequential increase in the cost of providing and installing the service connection or related pipes or accessories, and

• (II) taking the service connection or related pipes or accessories into its charge or otherwise entering into an agreement in relation to their future use with the person seeking its agreement to connect the premises to the said water services,

as if the requirement was a requirement under section 34(4)(m) of the Act of 2000, or

• (ii) that the service connection, or such related pipes or accessories as it considers necessary, be opened for inspection or testing, or otherwise inspected or tested, by an authorised person.

• (b) For the purposes of the application of section 34(4)(m) of the Act of 2000 to this subsection, a reference to a planning authority shall be deemed to include a reference to a water services authority.

• (6) A connection to water services referred to in subsection (5) shall not be made until the authorised person is satisfied that—

• (a) the service connection or related pipes or accessories are—

• (i) of a proper standard,

• (ii) have been installed correctly,

and

• (b) a connection to the water services in question may be properly made.

• (7) For the purposes of subsection (6), and subject to any regulations under subsection (9), an authorised person may—

• (a) give such direction in relation to—

• (i) standards of workmanship or working practices generally,

• (ii) technical specifications, including levels, for the service connection or related pipes or accessories, or their installation, or

• (iii) the completion of the connection,

as appears to him or her to be necessary to comply with relevant prescribed standards, and

• (b) carry out such inspection or testing as he or she considers necessary to verify compliance with a direction under paragraph (a).

• (8) A water services authority, or any person providing water services jointly with it or on its behalf, may—

• (a) close a connection to its water services made in contravention of subsection (1), or a connection to water services referred to in subsection (5) which is made in contravention of subsection (6) or a direction under subsection (7), or

• (b) without prejudice to any power to prosecute provided for under this section—

• (i) agree to the retention of a connection referred to in paragraph (a) subject to such conditions as it may specify, and

• (ii) carry out such work on the connection (including associated pipes and fittings) as it considers necessary to bring it up to a proper standard, or direct that such work be carried out by a specified person,

and may recover any expenses incurred under this subsection from the person who made or caused the connection to be made, or on whose behalf it was made, or such other person who derives benefit from the connection.

• (9) The Minister may make regulations for the purposes of this section, and without prejudice to the generality of the foregoing, the regulations may include provisions in relation to—

• (a) standards of workmanship or working practices,

• (b) specifications for relevant materials and fittings, or

• (c) any incidental and related matters.

• (10) A water services authority may recover any expenses incurred by it in relation to its functions under this section from the person who is making or has made the relevant connection, or on whose behalf it is being or was made.

• (11) A person who—

• (a) makes a connection referred to in subsection (5) in contravention of subsection (6) or a direction under subsection (7), or

• (b) contravenes a regulation under subsection (9),

commits an offence.

56. Conservation of water.

56.— (1) For the purposes of conserving water, where an authorised person has reason to believe that the management, consumption or other use of water on a premises allows water to be wasted or fails to prevent water from being wasted or consumed in excessive amounts, he or she may by notice direct the owner or occupier of the premises to take such corrective action (including installation, repair or replacement of specified pipes, valves or meters and other accessories, or change in operating practice in relation to the management or use of water) as the authorised person considers necessary.

• (2) An authorised person may by notice direct the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.

• (3) Where an authorised person is of the opinion that an immediate risk to human health or the environment or to the integrity of a water service necessitates a reduction in consumption of water supplied, he or she may issue a notice (in this section referred to as an “emergency notice”), having immediate effect, directing the owner or occupier of a premises to limit consumption of water supplied by a water services authority to the premises to such rate or quantity as may be specified in the notice.

• (4) A person who fails to comply with a notice under subsection (1), (2) or (3) commits an offence.

• (5) A notice under subsection (1) or (2) or an emergency notice under subsection (3) may issue to such owners or occupiers of a premises, such classes of owners or occupiers of such classes of premises as the case may be, as the authorised person considers necessary for the purposes of this section.

• (6) An emergency notice under subsection (3) may, notwithstanding section 19, also be issued by—

• (a) advertisement in a newspaper circulating in the area concerned,

• (b) broadcast on a radio or television channel generally available in the area, or

• (c) such other means as the Minister may direct.

• (7) A person to whom a notice under subsection (1) or (2) applies may, within one month from the date of the notice, appeal to the District Court in relation to the notice, or any condition of the notice.

• (8) On the hearing of any appeal under subsection (7), the District Court may make an order upholding the notice or giving such directions to the water services authority concerned as the Court thinks proper in relation to the notice, including its amendment or withdrawal.

• (9) A notice under subsection (1) or (2) shall become enforceable—

• (a) in case an objection is not made against it, upon the expiration of one month from the date of the notice,

• (b) in case an appeal is brought against it and the determination of the appeal does not set the notice aside, upon and in accordance with such determination, or

• (c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal or on expiration of one month from the date of the notice, whichever is the later.

• (10) An emergency notice under subsection (3) shall become enforceable on the date for compliance specified in the notice.

• (11)
• (a) Where there is a failure to comply with a notice under subsection (1) or (2) or an emergency notice under subsection (3) the authorised person who issued such a notice may, on the issue of a further notice to the owner or occupier of a premises, restrict or cut off the supply of water to some or all of the premises referred to in the notice until he or she is satisfied that the notice under subsection (1) or (2) or the emergency notice under subsection (3) has been complied with.

• (b) Paragraph (a) applies—

• (i) in addition to and not in substitution for other penalties or provisions applying to non-compliance with a notice under subsection (1) or (2) or an emergency notice under subsection (3),

• (ii) without prejudice to any other of the functions of the authorised person, and

• (iii) at the discretion of the authorised person.

• (12) Liability shall not accrue to a water services authority arising from any consequence of the restriction or cutting off of a supply of water in accordance with subsection (11).

• (13) The Minister may make regulations for any of the following purposes, namely:

• (a) the form and method of serving of a notice or emergency notice;

• (b) the duration of a notice or emergency notice;

• (c) review of an emergency notice;

• (d) the action to be carried out under a notice or emergency notice;

• (e) the time limit by which action directed to be carried out under a notice or emergency notice must be completed;

• (f) the minimum period of notice and other procedures to be followed before a water supply is restricted or cut off;

• (g) the quality of materials and workmanship to be employed in any remedial action under a notice;

• (h) the prevention of waste, undue consumption, misuse or contamination of water; or

• (i) such incidental provisions as are necessary to ensure the effective application of this section.

• (14) The Minister may make regulations for the purposes of water conservation and, without prejudice to the generality of the foregoing, such regulations may provide for 1 or more of the following:

• (a) the specification of devices or systems to reduce demand for water in premises, and of obligations in relation to the design, installation or use of such devices or systems;

• (b) the specification of obligations or technical requirements in relation to—

• (i) the design, installation and use of devices or systems for collection, treatment or distribution of storm water or grey water,

• (ii) the introduction of storm water or grey water into the distribution system of premises,

• (iii) the redistribution of storm water or grey water for use for purposes other than human consumption;

• (c) the specification of treatment standards for storm water or grey water, including different standards for different applications;

• (d) the duties of owners or occupiers of premises in relation to conservation of water or waste water in the premises;

• (e) the duties of water services providers in relation to conservation of water or waste water.

• (15)
• (a) A person who contravenes a regulation under subsection (13) which is stated to be a penal regulation commits an offence.

• (b) A person who contravenes a regulation under subsection (14) commits an offence.

• (16) Where a water services authority is of the opinion that a serious deficiency of water available for distribution exists or is likely to exist F56[…], either by itself or by another provider of water services, then it may by order, for a specified period, prohibit or restrict such class or classes of use, including use at specified times of the day, of any water supplied by it or the other provider of water services. Without prejudice to the generality of the foregoing, an order under this subsection may so prohibit or restrict the use of water—

• (a) drawn through a hosepipe or similar apparatus for the purpose of—

• (i) watering a garden,

• (ii) watering recreational parks or sports grounds, either generally or any particular type of such park or ground,

• (iii) irrigating or spraying crops, either generally or any particular type of crop, or

• (iv) washing a mechanically propelled vehicle or a trailer,

• (b) used for the provision of a commercial washing service for a vehicle or trailer, or

• (c) used for filling or replenishing a swimming pool, artificial pond, lake or similar application.

• (17) Before making an order under subsection (16) the relevant water services authority shall give public notice of its intention to make such order and the period for which the order will remain in force by—

• (a) causing an advertisement to be published in a newspaper circulating in the area,

• (b) causing notification of the proposed order to be broadcast on a radio or television channel available in the area, or

• (c) such other means as the Minister may direct.

• (18) A person who contravenes an order under subsection (16) commits an offence.

• (19) An authorised person or a member of the Garda Síochána who has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), may request that person to furnish his or her name and address to such authorised person or member.

• (20) A person who, when requested to furnish his or her name or address to an authorised person or member of the Garda Síochána under subsection (19), fails to do so, or when so requested furnishes a name and address which is false or misleading commits an offence.

• (21) Where a member of the Garda Síochána is of the opinion that an offence under subsection (20) is being or has been committed, then the member may arrest that person without warrant.

• (22) Where an authorised person or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under subsection (18), he or she may give to such person a notice in the prescribed form stating that—

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 21 days beginning on the date of the notice make to the water services authority specified in the notice a payment, accompanied by the notice, of an amount, being a fixed amount of €125, and

• (c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, and if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (23) Where a notice is given under subsection (22), then—

• (a) a person to whom the notice applies may, during the period specified in the notice, make to the water services authority specified in the notice the payment specified in the notice, accompanied by the notice,

• (b) the water services authority shall receive the payment and issue a receipt for it and may retain the money so paid to offset costs incurred by it in the course of performing its functions under this Act, and no payment so received shall in any circumstances be recoverable by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (24) In a prosecution of an offence referred to in subsection (18), the onus of showing that a payment pursuant to a notice under subsection (22) has been made shall lie with the accused.

• (25) In this section—

“grey water” means domestic waste water excluding that which is flushed from a toilet bowl or urinal;

“water services authority”, other than in subsections (16), (17) and (23), includes—

• (a) an authorised provider of water services, and

• (b) a person providing water services jointly with or on behalf of—

• (i) a water services authority, or

• (ii) an authorised provider of water services.

57. Pollution of water.

57.— A person who causes or permits water in any waterworks or service connection to become polluted commits an offence.

58. Taking samples of water.

58.— (1) A water services authority may, for the purposes of analysis, take samples from—

• (a) any water supply, whether public or private, F57[…] and

• (b) F57[…]

• (2) Where, on analysis of samples of water taken by a water services authority, it is found that the water constitutes a potential danger to human health, the water services authority shall, as soon as possible—

• (a) ensure that—

• (i) the supply of affected water is prohibited, or

• (ii) the use of affected water is restricted,

or

• (b) ensure that—

• (i) subject to regulations under section 32, such other necessary action, including remedial action, is taken to protect human health and to restore the quality of the supply to such prescribed standards as apply to the water supply concerned,

• (ii) users are promptly informed of the potential danger and given any necessary advice, and

• (iii) except where the extent of non-compliance with prescribed quality standards is considered by the water services authority not to be material in the circumstances, users are notified promptly of any remedial action taken.

• (3) A water services authority may issue a notice for the purposes of this section, which, where it is addressed to users, may also—

• (a) be given to such classes of users as the authority considers necessary, and

• (b) notwithstanding section 19, be issued by—

• (i) advertisement in a newspaper circulating in the area,

• (ii) being broadcast on a radio or television channel generally available in the area,

• (iii) being made available on the internet, or

• (iv) such other manner as the Minister may direct.

• (4) A person who contravenes a requirement of a notice under this section commits an offence.

59. Power to order the closure of a polluted water source.

59.— (1) Where a water services authority becomes aware that water from any source, whether surface water or groundwater or treated water, which is intended for human consumption constitutes a potential danger to human health, it may serve a notice, either on the owner or person having charge of that supply of water, requiring that person, as appropriate, to—

• (a) shut down the water source in question,

• (b) cease supplying water from that source, or

• (c) take specified remedial action to restore water quality to the satisfaction of the water services authority before continuing to take or provide a supply of water from that source.

• (2) A person who fails to comply with a requirement of a notice under subsection (1) commits an offence.

PART 4 Waste Water

60. Maintenance of waste water works.

60.— (1) A person who owns, has in his or her charge or otherwise has control over a waste water works shall cause it to be properly maintained so as not to—

• (a) cause, or be likely to cause a risk to human health or the environment, including risk to waters, the atmosphere, land, soil, plants or animals, or

• (b) create a nuisance through odours.

• (2) A person who contravenes subsection (1) commits an offence.

61. Waste water connections.

61.— (1) (a) A person who causes or permits the connection of a premises to waste water services, either directly or indirectly, without the agreement of the provider of those services, commits an offence.

• (b) For the purposes of paragraph (a), and without prejudice to subsection (6), the agreement of a water services authority under this subsection may be made the subject of such conditions as the water services authority may specify.

• (c) In considering whether to agree to a connection under this section, a water services authority shall be entitled to take into account the matters referred to in paragraph 1 of the Fourth Schedule to the Act of 2000 in so far as they may apply to the provision of waste water services by it or another person acting jointly with it or on its behalf.

• (2) A person who causes or permits the discharge of any effluent or other matter to a waste water works, whether directly or indirectly, without the agreement of the relevant water services provider commits an offence.

• (3) It is a defence to a prosecution for an offence committed under subsection (1) to prove that the connection was made in accordance with a direction under section 92.

• (4) Without prejudice to subsection (6), where a notice under section 42(1) takes effect in relation to any premises, agreement to a subsequent connection to a related waste water works shall be deemed to have been given for the purposes of compliance with subsection (1).

• (5) Without prejudice to subsection (6), where a water services authority is also the relevant planning authority, the grant of a permission under Part III of the Act of 2000 in relation to a structure to which this section applies may, if it is indicated in the permission, include the agreement of the water services authority to the connection of that structure to its waste water works for the purposes of this section, subject to such conditions as the water services authority may require consistent with its powers under this section.