Water Services (No. 2) Act 2013

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Water Services (No.2) Act 2013.

(2) The Water Services Acts 2007 and 2012, the Act of 2013 and this Act may be cited together as the Water Services Acts 2007 to 2013.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different provisions effected by subsections (1) and (2) of section 4.

2. Definitions

2. In this Act—

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2001” means the Local Government Act 2001;

“Act of 2007” means the Water Services Act 2007;

“Act of 2013” means the Water Services Act 2013;

F1["Act of 2024" means the Planning and Development Act 2024;]

“Agency” means the Environmental Protection Agency;

“city council” has the same meaning as it has in the Act of 2001;

“Commission” means the Commission for Energy Regulation;

“county council” has the same meaning as it has in the Act of 2001;

“customer” means, in relation to the provision of water services, the occupier of the premises in respect of which the water services are provided;

F2[“dwelling“means a premises occupied by a person as his or her place of private residence (whether or not as his or her principal private residence);]

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“EU Water Framework Directive” has the same meaning as it has in the Act of 2007;

“excluded provision” means—

(a) section 32(1)(b) (insofar as it relates to the provision, operation or maintenance of storm water sewers),

(b) Part 4A, or

(c) Part 6 (other than sections 91 and 92),

of the Act of 2007;

“investment plan” has the meaning assigned to it by section 34;

“land” has the same meaning as it has in the Act of 2007;

“local authority” means—

(a) a city council, or

(b) a county council;

“Minister” means the Minister for the Environment, Community and Local Government;

“occupier” means, in relation to a premises, the person for the time being entitled to the occupation of the premises;

“pipe” has the same meaning as it has in the Act of 2007;

“planning authority” has the same meaning as it has in the Act of 2000;

“premises” has the same meaning as it has in the Act of 2007 and includes part of a premises;

“property” includes—

(a) land, equipment, pipes, sewers, structures, waterworks and waste water works, and

(b) moneys, stocks, shares and securities,

but does not include storm water sewers;

“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts 1878 to 2001;

“sewer” has the same meaning as it has in the Act of 2007;

“storm water” has the same meaning as it has in the Act of 2007;

“storm water sewer” means any pipe or other conduit—

(a) used solely for the conveyance of storm water, or

(b) designed or intended to be used for the conveyance of storm water (whether or not it is connected to a sewer by a storm water overflow within the meaning of the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007));

F2["strategic funding plan" has the meaning assigned to it bysection 34A(inserted bysection 19of the Water Services Act 2017);]

“structure” has the same meaning as it has in the Act of 2007;

F2["threshold amount" means the threshold amount specified by order undersection 53B(inserted bysection 9of the Water Services Act 2017) of the Act of 2007;]

“transfer day” shall be construed in accordance with section 6;

“waste water works” has the same meaning as it has in the Act of 2007;

“water charges plan” has the meaning assigned to it by section 22;

F2["water services policy statement" has the meaning assigned to it bysection 32A(inserted bysection 18of the Water Services Act 2017);]

“waterworks” has the same meaning as it has in the Act of 2007.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

4. Repeals

4. (1) Sections 17, 27, 30, 36, 37, 38, 40, 49, 52, 99, 102, 105 and 106 of the Act of 2007 are repealed.

(2) Sections 12 F4[…] and 20 of the Act of 2013 are repealed.

(3) The Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 is repealed.

(4) The repeal of the provisions of the Act of 2007 effected by subsection (1) shall not have effect for the purposes of the operation of an excluded provision.

PART 2 Transfer of Functions, Property and Staff

5. Definitions in this Part

5. In this Part—

“employment transfer day” means, in relation to a member of staff of a local authority to whom a designation by that local authority under section 19 applies—

(a) the day on which an agreement first made by the local authority and Irish Water under section 31 ceases to have effect, or

(b) where such agreement is terminated before the period specified in paragraph (a) of subsection (4) of that section or the local authority and Irish Water make a further agreement or agreements under that section, such day as may be specified in writing by the Minister;

“property vesting day” has the meaning assigned to it by section 12(1);

“water services authority” has the same meaning as it has in the Act of 2007.

6. Transfer day

6. The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.

7. Transfer of functions from water service authorities to Irish Water

7. (1) Subject to section 10, all functions conferred on water services authorities by the Act of 2007 (other than an excluded provision and section 22) shall, on the transfer day, stand transferred to Irish Water.

(2) References to a water services authority or relevant water services authority in—

(a) the Act of 2007 or in any instrument made under that Act, or

(b) any other enactment (other than the Act of 2013) or instrument under any other enactment,

in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.

(3) All functions of sanitary authorities deemed to be functions of a water services authority under section 39 of the Act of 2007 shall, on the transfer day, be transferred to Irish Water.

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

8. Transfer of functions under certain other enactments to Irish Water

8. (1) The functions of a local authority under section 2 of the Local Government (Financial Provisions) (No. 2) Act 1983 shall, on the transfer day and in so far only as that section relates to the Act of 2007, stand transferred to Irish Water and, accordingly, references in that section to a local authority shall be construed as including references to Irish Water.

(2) The functions of a sanitary authority under section 65A (amended by section 12 of the Local Government (Financial Provisions) Act 1997) of the Public Health (Ireland) Act 1878 shall, on the transfer day stand transferred to Irish Water and, accordingly, references in that section to a sanitary authority shall be construed as references to Irish Water.

(3) This section shall cease to have effect upon the commencement of section 21.

9. Immunity

9. Section 29 of the Act of 2007 shall apply to Irish Water as it applies to a water services authority, and accordingly references in that section to a water services authority shall be construed as including references to Irish Water.

10. Continuance of certain functions of water service authorities

10. Functions transferred to Irish Water under section 7 shall, on and after the transfer day continue to be performable by a water services authority for the purposes of the performance of its functions under an excluded provision and, accordingly, for those purposes references in the Act of 2007 that, by virtue of subsection (2) of section 7, are to be construed as references to Irish Water shall be construed as including references to a water services authority.

11. Provisions consequent upon transfer of functions to Irish Water

11. (1) Anything commenced and not completed before the transfer day by or under the authority of a water services authority or a sanitary authority may, in so far as it relates to a function transferred to Irish Water on that day be carried on or completed on and after that day by Irish Water.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 7, shall, if and in so far as it was operative immediately before the transfer day, have effect on and after that day as if it had been granted or made by Irish Water.

(3) References to a water services authority in the memorandum or articles of association of any company in so far as they relate to a function transferred by section 7, shall, on and after the transfer day, be construed as references to Irish Water.

(4) Any money, stocks, shares or securities designated by an order under section 12 that immediately before the property vesting day appointed by that order were standing in the name of a water services authority shall, on the request of Irish Water be transferred into its name.

(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in Irish Water pursuant to an order under section 12 or 14 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

12. Transfer of property of water services authorities

12. (1) The Minister may, on or after the transfer day, from time to time, by order, appoint a day (in this Part referred to as a “property vesting day”) for the purposes of this section and different property vesting days may be so appointed in relation to—

(a) different water services authorities, and

(b) different property or class or classes of property of a water services authority.

(2) An order under this section shall designate such property, or such class or classes of property, of a water services authority as the Minister may determine.

(3) The Minister may request a water services authority to furnish him or her with such information as he or she may require for the purposes of his or her deciding whether or not to make an order under subsection (1).

(4) A water services authority shall comply with a request under subsection (3) not later than 3 months from its having received the request.

(5) On a property vesting day any land designated by the order by which that property vesting day was appointed and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in Irish Water for all the estate or interest therein that, immediately before that day, was vested in the water services authority concerned, but subject to all trusts and equities affecting the land continuing to subsist and being capable of being performed.

(6) On a property vesting day all property (other than land), including choses-in-action, designated by the order by which the property vesting day was appointed that immediately before that day, was vested in the water services authority concerned shall, without any assignment, stand vested in Irish Water.

F5[(6A) The vesting of any property (including land or an interest in land) in Irish Water, on a property vesting day, is not to be considered as a disposal of the property by the water services authority concerned, but as a transfer to Irish Water.]

(7) Every chose-in-action vested in Irish Water by virtue of subsection (6) may, on and after the property vesting day concerned, be sued on, recovered or enforced by Irish Water in its own name, and it shall not be necessary for Irish Water or the water services authority concerned to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

(8) Any moneys received by a planning authority in accordance with section 48 or 49 of the Act of 2000 and vested in Irish Water pursuant to an order under this section, shall be expended by Irish Water for the purposes of the provision of water services in the functional area of that planning authority.

(9) Section 183 of the Act of 2001 shall not apply to the vesting of land under this section.

(10) In this section—

“borough council” means a body specified in Chapter 1 of Part 1 of Schedule 6 to the Act of 2001;

“town council” has the same meaning as it has in the Act of 2001;

“water services authority” includes a town council and a borough council.

13. Transfer of rights and certain liabilities, and continuation of leases, licences and permissions granted by water services authorities

13. (1) All rights and liabilities of a water services authority—

(a) subsisting immediately before a property vesting day, and

(b) arising by virtue of any contract or commitment (expressed or implied) relating to any land or other property designated by the order under section 12 that appointed that day,

shall on that day stand transferred to Irish Water.

(2) Every right and liability transferred by subsection (1) to Irish Water may, on and after the property vesting day on which the right or liability stood transferred, be sued on, recovered or enforced by or against Irish Water in its own name, and it shall not be necessary for Irish Water or the water services authority concerned to give notice of its transfer to any person.

(3) Every lease, licence, wayleave or permission granted by a water services authority in relation to land or other property vested in Irish Water by or under this Act, and in force immediately before the property vesting day concerned, shall continue in force as if granted by Irish Water.

14. Transfer of other liabilities

14. (1) The Minister may, from time to time, appoint a day by order for the purposes of this section, and different days may be so appointed in relation to—

(a) different water services authorities, or

(b) different contracts or commitments (expressed or implied) to which a water services authority is a party.

(2) All rights and liabilities of a water services authority—

(a) subsisting immediately before such day as may be appointed by order under this section, and

(b) arising by virtue of any contract or commitment (expressed or implied) designated by that order,

shall on that day stand transferred to Irish Water.

(3) Every right and liability transferred by subsection (2) to Irish Water may, on and after the day on which the right or liability stood transferred, be sued on, recovered or enforced by or against Irish Water in its own name, and it shall not be necessary for Irish Water or the water services authority concerned to give notice of its transfer to any person.

15. Liability for loss occurring before relevant day

15. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the relevant day of any of the functions of a water services authority transferred by this Act shall on and after that day, lie against Irish Water and not against the water services authority.

(2) Any legal proceedings pending immediately before the relevant day to which a water services authority is a party arising out of the performance of any of the functions of a water services authority transferred by this Act, shall be continued, with the substitution in the proceedings of Irish Water, in so far as they so relate, for the water services authority.

(3) Where, before the relevant day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against a water services authority, be enforceable against Irish Water and not the water services authority.

(4) Any claim made or proper to be made by a water services authority in respect of any loss or injury arising from the act or default of any person before the relevant day arising out of the performance of any of the functions of a water services authority transferred by this Act, shall be regarded as having been made by or proper to be made by Irish Water and may be pursued and sued for by Irish Water as if the loss or injury had been suffered by Irish Water.

(5) This section shall—

(a) not apply to a claim for damages in respect of a wrong within the meaning of the Civil Liability Act 1961,

(b) not apply to proceedings brought for the sole purpose of recovering damages, in respect of such a wrong,

(c) in the case of proceedings in respect of such a wrong that are brought for the purpose of recovering damages and other relief, not apply to that part of the proceedings that relates to the recovery of damages, or

(d) not apply to any settlement of a claim or proceedings in so far as it imposes an obligation on a water services authority to make a payment or payments to any person.

(6) In this section “relevant day” means—

(a) in relation to a claim or proceedings in respect of land or other property transferred to Irish Water under section 12 or any contract or commitment relating thereto, the property vesting day appointed for the purpose of the transfer of that land or property,

(b) in relation to a claim or proceedings in respect of a contract or commitment designated under section 14, the day appointed under that section in respect of the contract or commitment,