Water Services (No. 2) Act 2013

• (b) The aggregate of moneys standing borrowed under this subsection at any one time shall not exceed €2 billion.

• (2) For the purposes of this section, moneys borrowed in a currency other than the currency of the State shall be deemed to be the equivalent in the currency of the State of the actual moneys borrowed, such equivalent being calculated at the rate of exchange prevailing at the time of the borrowing for that currency and the currency of the State.

• (3) F41[…]

36. Grants by Minister

36. (1) The Minister may, for the purposes of this Act and subject to such conditions as he or she may determine, make grants out of moneys provided by the Oireachtas to—

• (a) Irish Water, or

• (b) the Commission.

• F42[(1A) Without prejudice to the generality of subsection (1), the Minister may, subject to such conditions as he or she sees fit in each financial year, make grants to Irish Water to such extent as may be sanctioned by the Minister for Public Expenditure and Reform out of moneys provided by the Oireachtas towards the expenditure incurred by Irish Water in the provision of water services to a dwelling.]

• (2) The Minister shall, before deciding—

• (a) whether or not to make a grant under this section to Irish Water, or

• (b) the amount of such grant,

consider the investment plan provided to him or her in accordance with subsection (7) of section 34.

• F43[(2A) Without prejudice to the generality of subsection (2), before deciding whether or not to make a grant under this section for the purposes referred to in subsection (1A), the Minister shall also consider each of the following matters:

• (a) the most recent water charges plan approved by the Commission under section 22(8);

• (b) the most recent strategic funding plan approved by the Minister under section 34A (inserted by section 19 of the Water Services Act 2017);

• (c) payments required to be made by Irish Water under section 3C (inserted by section 22 of the Water Services Act 2017) of the Water Services Act 2014 and the costs incurred by Irish Water in the administration of those payments;

• (d) the need to ensure the recovery of costs incurred in the provision of water services in accordance with Article 9 of the EU Water Framework Directive;

• (e) the environmental objectives of the EU Water Framework Directive.]

37. Advances out of Central Fund

37. The Minster for Finance may, for the purposes of this Act and subject to such conditions as he or she may determine, advance moneys out of the Central Fund or the growing produce thereof to Irish Water.

38. Authorised persons

38. (1) The Act of 2007 is amended—

• (a) by the insertion, in paragraph (a) of the definition of authorised person in subsection (1) of section 2, of “Irish Water,” after “the Minister,”, and

• (b) in section 22, by the insertion—

• (i) in subsection (1), of “Irish Water” after “The Minister,”,

• (ii) in paragraph (c) of subsection (2), of “Irish Water,” after “the Minister,”, and

• (iii) in paragraph (c) of subsection (7), of “Irish Water,” after “authorised person,”.

• (2) For the avoidance of doubt, a person who, immediately before the transfer day stood appointed to be an authorised person for the purposes of the Act of 2007 shall, on and after that day, continue to stand so appointed.

PART 5 Economic Regulation

39. Performance of functions of Commission

39. (1) The Commission shall perform its functions in a manner that best serves the interests of customers of Irish Water.

• (2) The Commission shall, in the performance of its functions under this Act, have regard to the need to ensure—

• (a) that the customers of Irish Water are provided with the quality of service provided for in a code of practice approved under section 32,

• (b) that water services are provided by Irish Water in an economical and efficient manner,

• (c) that Irish Water operates in a commercially viable manner,

• (d) the conservation of water resources,

• (e) the continuity, safety, security, and sustainability of water services,

• (f) that Irish Water can meet all reasonable demands for water both current and forseeable,

• (g) the recovery of costs of water services in accordance with Article 9 of the EU Water Framework Directive,

• (h) that Irish Water performs its functions in a manner that will enable the achievement by the State of the environmental objectives of that Directive,

• (i) that Irish Water performs its functions in an open and transparent manner.

40. Advisory role of Commission

40. The Commission shall advise the Minister in relation to the development and delivery of water services.

41. Strategy statement

41. (1) The Commission shall—

• (a) not later than 6 months after the commencement of this section, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so submitted, and

• (b) not later than 3 months before each third anniversary of the submission to the Minister in accordance with this subsection of the strategy statement for the time being in effect, prepare and submit to the Minister a strategy statement in respect of the period of 3 years immediately following the year in which it is so submitted.

• (2) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1), cause a copy thereof to be laid before each House of the Oireachtas.

• (3) The Commission shall, as soon as practicable after copies of a strategy statement are laid before both Houses of the Oireachtas in accordance with subsection (2), arrange for the strategy statement to be published on the internet.

• (4) In this section “strategy statement” means a statement that—

• (a) specifies the key objectives, outputs and related strategies, including use of resources, of the Commission in relation to the performance of its functions under this Act, and

• (b) is prepared in a form and manner that is in accordance with any directions issued from time to time by the Minister.

42. Directions to Commission

42. (1) The Minister may, from time to time and after having considered any representations made to him or her in accordance with an invitation under subsection (4), give to the Commission such direction of a general policy nature as he or she considers appropriate.

• (2) The Commission shall comply with a direction under this section.

• (3) The Commission shall, upon the request of the Minister, provide the Minister with a report in writing of the measures (including the expenditure incurred by it as a result of such measures) that it has taken to comply with a direction under this section.

• (4) The Minister shall, before giving a direction under this section—

• (a) give a draft of the proposed direction to—

• (i) the Commission, and

• (ii) the Joint Committee referred to in paragraph 26 of Schedule 1 to the Electricity Regulation Act 1999,

and invite those persons to make representations, in writing, in relation thereto within such period (being not less than 30 days from the giving of the draft to the Commission or publication of the draft under paragraph (b), whichever occurs later) as is specified in the notice referred to in paragraph (b), and

• (b) publish—

• (i) the draft and the reasons for the Minister’s proposing to give the direction concerned in Iris Oifigiúil, and

• (ii) a notice inviting the making of representations by interested persons in relation to the draft within such period (being not less than 30 days from the giving of the draft to the Commission under paragraph (a) or publication of the draft under this paragraph, whichever occurs later) as is specified in the notice.

• (5) Where the Minister proposes to give a direction under this section, he or she may consult in relation thereto with such other Ministers of the Government as he or she considers appropriate.

• (6) The Minister shall arrange for the publication in Iris Oifigiúil of each direction given by him or her under this section.

43. Information and cooperation

43. (1) The Commission may, from time to time, request Irish Water to provide the Commission with such information as the Commission may reasonably require to enable it to perform its functions under this Act.

• (2) Irish Water shall, as soon as reasonably practicable, comply with a request under subsection (1).

• (3) The Commission shall, in so far as is consistent with the proper performance of its functions, endeavour to secure administrative cooperation between it and the Agency and for that purpose, the Commission shall enter into an arrangement with the Agency for the purposes of—

• (a) facilitating cooperation between the Commission and the Agency in the performance of their respective functions in so far as they relate to water services,

• (b) avoiding duplication of activities by the Commission and the Agency,

• (c) ensuring, as far as practicable, that the Commission and the Agency cooperate in a manner that best promotes the interests of consumers and the efficient provision of water services, and

• (d) ensuring, as far as practicable, consistency between decisions made or measures taken by the Commission and the Agency in relation to water services.

• (4) An arrangement under this section shall not operate to bind the Commission or the Agency.

• (5) The Commission and the Agency may make an arrangement varying the terms of an arrangement under this section (including an arrangement under this subsection).

• (6) The Commission shall give the Minister a copy of an arrangement under this section.

• (7) An arrangement under this section shall not operate to require a party to the arrangement to provide information to the other party to the arrangement if the disclosure of that information by the first-mentioned party is prohibited by law.

PART 6 Amendment of Certain Enactments

44. Amendment of Act of 1999

44. (1) Section 11 of the Act of 1999 is amended—

• (a) in subsection (1) by substituting “, or Bord Gáis Éireann or Irish Water.” for “or Bord Gáis Éireann.”,

• (b) in subsection (4)—

• (i) after “its functions under this Act” by inserting “, the Water Services (No.2) Act 2013”, and

• (ii) in paragraph (bb) after “this Act” by inserting “, the Water Services (No.2) Act 2013”.

• (2) Section 13 of the Act of 1999 is amended in subsection (1A) by substituting “the Gas (Interim) (Regulation) Act 2002 or the Water Services (No.2) Act 2013.” for “or the Gas (Interim) Regulation Act, 2002.”.

• (3) Schedule 1 to the Act of 1999 is amended—

• (a) in paragraph 1, by substituting “as the Minister, following consultation with the Minister for the Environment, Community and Local Government may fix,” for “as the Minister may fix,”,

• (b) by inserting the following paragraph after paragraph 10:

“10A. The Minister shall, where he or she receives a request from the Commission in relation to staffing or other resources required by the Commission in relation to the performance of its functions under the Water Services (No.2) Act 2013, consult with the Minister for the Environment, Community and Local Government.”,

• (c) by inserting the following paragraph after paragraph 16:

“16A. For the purposes of meeting expenses properly incurred by the Commission in the discharge of its functions under the Water Services (No.2) Act 2013 the Commission may make an order (in this Act referred to as a ‘levy order’) imposing such levy to be paid each year by Irish Water as may be specified by the Commission in the order.”,

• (d) in paragraph 18, by substituting “paragraph 16 or 16A” for “paragraph 16”,

• (e) in paragraph 19, by substituting “paragraph 16 or 16A” for “paragraph 16”,

• (f) by inserting the following paragraph after paragraph 21:

“21A. The Minister for the Environment, Community and Local Government may from time to time, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister for the Environment, Community and Local Government may determine for the purposes of expenditure by the Commission in the performance of its functions under the Water Services (No.2) Act 2013.”,

• (g) in paragraph 22, by substituting “paragraphs 21 and 21A” for “paragraph 21”,

• (h) by inserting the following paragraph after paragraph 23:

“23A. Paragraph 23 shall apply to advances made to the Commission by the Minister for the Environment, Community and Local Government under paragraph 21A as if those advances had been made by the Minister under paragraph 21.”,

• (i) by substituting the following paragraph for paragraph 24:

“24. (a) The Commission may, for the purpose of the performance of its functions, borrow money, but shall not do so without the consent of the Minister and the Minister for Public Expenditure and Reform.

• (b) The Minister shall consult with the Minister for the Environment, Community and Local Government, prior to giving his or her consent under subparagraph (a) in relation to a proposal to borrow money for the performance of the Commission’s functions under the Water Services (No.2) Act 2013.”,

and

• (j) in paragraph 25—

• (i) by substituting the following subparagraph for subparagraph (aa):

• “(aa) ensure, as far as is reasonably practicable, that such accounts identify separately in regard to the gas, LPG, electricity, water and petroleum sectors all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to the discharge of the Commission’s functions under this Act and the Water Services (No.2) Act 2013.”,

and

• (ii) by substituting the following subparagraph for subparagraph (c):

• “(c) not later than 30 November in each year make a report to the Minister and the Minister for the Environment, Community and Local Government in relation to its proposed work programme for the following year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas as soon as practicable.”.

• (4) In this section “Act of 1999” means the Electricity Regulation Act 1999.

45. Amendment of Act of 2007

45. (1) Section 9 of the Act of 2007 is amended—

• (a) in subsection (1) by deleting “(whether or not the offence is committed in its functional area)”, and

• (b) by deleting subsection (2).

• (2) Section 11 of the Act of 2007 is amended—

• (a) in subsection (1) by deleting—

• (i) “which brought the prosecution, or person specified under regulations made under section 9(2) as the case may be”, and

• (ii) “or other person”,

and

• (b) in subsection (2) by deleting “or person specified under regulations made under section 9(2)”.

• (3) Section 31 of the Act of 2007 is amended—

• (a) in subsection (2)—

• (i) by deleting “Subject to regulations made under subsection (3),” and “in its functional area”, and

• (ii) in paragraph (a) by deleting “in its functional area”,

• (b) in subsection (5) by deleting “in part or all of its functional area”,

• (c) in subsection (12) by deleting—

• (i) “other than with a group water services scheme or another water services authority”, and

• (ii) paragraph (b),

and

• (d) by deleting subsections (1), (3), (7), (9), (11), (13), (14), (15), (16), (17), (18) and (20).

• (4) Section 32 of the Act of 2007 is amended—

• (a) in subsection (1)—

• (i) by deleting “, and shall when directed by the Minister,” and “, whether within or outside its functional area,”,

• (ii) in paragraph (j) by deleting “in part or all of its functional area or elsewhere as appropriate”, and

• (iii) in paragraph (l) by deleting “within its functional area”,

and

• (b) by deleting subsections (2), (3), (4), (5), (7), (8), (9), (10), (11) and (12).

• (5) Section 41 of the Act of 2007 is amended—

• (a) in subsection (1), by substituting the following definition for the definition of “road authority”:

“ ‘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.”,

and

• (b) by deleting subsections (13) and (14).

• (6) Section 42 of the Act of 2007 is amended—

• (a) in paragraph (b) of subsection (1) by deleting “in the functional area of the authority”, and

• (b) in paragraph (b) of subsection (2) by deleting “in the functional area of the authority”.

• (7) Section 44 of the Act of 2007 is amended in subsection (1) by deleting “in the functional area of a water services authority” and “of that area”.

• (8) Section 50 of the Act of 2007 is amended in subsection (2) by deleting “in its functional area”.

• (9) Section 54 of the Act of 2007 is amended in subsection (3) by deleting “, and shall on request from 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 in relation to a matter affecting a waterworks under his or her control,”.

• (10) Section 56 of the Act of 2007 is amended in subsection (16) by deleting “in all or part of its functional area”.

• (11) Section 58 of the Act of 2007 is amended in subsection (1)—

• (a) in paragraph (a) by deleting “serving any part of its functional area,”, and

• (b) by deleting paragraph (b).

• (12) Section 63 of the Act of 2007 is amended by deleting subsection (13).

• (13) Section 65 of the Act of 2007 is amended in subsection (3) by deleting “that granted it”.

• (14) Section 68 of the Act of 2007 is amended by deleting subsection (3).

• (15) Section 69 of the Act of 2007 is amended in subsection (5) by deleting “by which it was made”.

• (16) Section 70 of the Act of 2007 is amended in subsection (5) by substituting “when a leak” for “in whose functional area a leak”.

• (17) Section 73 of the Act of 2007 is amended by deleting subsection (2).

• (18) Section 92 of the Act of 2007 is amended by deleting subsection (3).

• (19) Section 93 of the Act of 2007 is amended in paragraph (a) of subsection (2) by deleting “to its functional area”.

• (20) Section 95 of the Act of 2007 is amended—

• (a) in subsection (1) by deleting “whether or not it is situated in its functional area,”,

• (b) in paragraph (a) of subsection (2) by deleting “whether within or outside its functional area”, and

• (c) by deleting subsection (3).

• (21) Section 97 of the Act of 2007 is amended by deleting subsection (6).

• (22) Section 98 of the Act of 2007 is amended in subsection (3) by deleting “in whose functional area the relevant pipes or accessories are situated”.

• (23) Section 104 of the Act of 2007 is amended by deleting subsection (10).

• (24) The amendments of the Act of 2007 effected by this section shall not have effect for the purposes of the operation of an excluded provision.

46. Amendment of Act of 2013

46. The Act of 2013 is amended—

• (a) in section 5 by substituting the following subsection for subsection (6):

• “(6)

  • (a) The Board shall not alienate the share issued to it in accordance with subsection (4).

  • (b) The Minister shall not alienate the shares issued to him or her in accordance with subsection (4).

  • (c) The Minister for Finance shall not alienate the shares issued to him or her in accordance with subsection (4).”,

• (b) in section 18, by inserting “and the Water Services (No. 2) Act 2013” after “under this Act”, and

• (c) in subsection (2) of section 27, by substituting the following paragraph for paragraph (b):

• “(b) consult with the subsidiary, members of the public or such other persons as it considers appropriate in relation to the performance of any of its functions under this Act or the Water Services (No. 2) Act 2013.”.