Water Services Act 2014

Type Act
Publication 2014-12-28
Last updated 2024-06-01
State In force
Text Latest available text
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articles 21

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

9 amending acts · 2024-06-01, revised-IE-2014-act-44@2024-06-01

Act to make provision, should the Government with the consent of both Houses of the Oireachtas propose to alienate the shareholding in Irish Water of the Minister for the Environment, Community and Local Government and the Minister for Finance, for the holding of a Plebiscite of the People to decide upon the proposal; to provide for the maximum level of charges that Irish Water may impose on a person in respect of the provision of water services to a dwelling, for the payment of a grant to householders for the conservation of water, for the establishment by the Commission for Energy Regulation of a public water forum, for the provision by the Commission for Energy Regulation of dispute resolution procedures for customers of Irish Water and for matters relating to the superannuation of persons employed with Irish Water before those persons entered into service with Irish Water; to rescind the power of Irish Water to require the personal public service number of its customers; to increase the membership of the Board of Ervia; to amend the Water Services Acts 2007 to 2013, the First Schedule to the Gas Act 1976, Schedule 4 to the Valuation Act 2001 and Schedule 5 to the Social Welfare Consolidation Act 2005; and to provide for connected matters

Reform history JSON API

An Act to make provision, should the Government with the consent of both Houses of the Oireachtas propose to alienate the shareholding in Irish Water of the Minister for the Environment, Community and Local Government and the Minister for Finance, for the holding of a Plebiscite of the People to decide upon the proposal; to provide for the maximum level of charges that Irish Water may impose on a person in respect of the provision of water services to a dwelling, for the payment of a grant to householders for the conservation of water, for the establishment by the Commission for Energy Regulation of a public water forum, for the provision by the Commission for Energy Regulation of dispute resolution procedures for customers of Irish Water and for matters relating to the superannuation of persons employed with Irish Water before those persons entered into service with Irish Water; to rescind the power of Irish Water to require the personal public service number of its customers; to increase the membership of the Board of Ervia; to amend the Water Services Acts 2007 to 2013, the First Schedule to the Gas Act 1976, Schedule 4 to the Valuation Act 2001 and Schedule 5 to the Social Welfare Consolidation Act 2005; and to provide for connected matters.

[28th December, 2014]

Be it enacted by the Oireachtas as follows:

1. Definitions

1. In this Act—

“Act of 2007” means Water Services Act 2007;

“adult” means a person who has attained 18 years of age;

“Commission” means Commission for Energy Regulation;

“customer”, “local authority”, “occupier”, “premises” and “property” have the meanings assigned to each of them, respectively, in section 2 of the No. 2 Act of 2013;

“dwelling” has the meaning assigned to it in section 21(9) of the No. 2 Act of 2013;

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

“No. 2 Act of 2013” means Water Services (No. 2) Act 2013;

“water services” and “waste water” have the meanings assigned to them, respectively, in section 2(1) of the Act of 2007;

“water meter” means a meter within the meaning of section 71 of the Act of 2007.

2. Plebiscite on ownership of Irish Water

2. (1) A Bill providing or allowing for the alienation of any share or shares in Irish Water to a person other than a Minister of the Government shall not be initiated by or on behalf of a Minister of the Government in either House of the Oireachtas unless—

3. Water charges - dwellings

3. (1) Notwithstanding section 21(1) of the No. 2 Act of 2013 F1[and subject to subsection (1A)], Irish Water shall not charge, before 1 January 2015, for water services provided by it to a dwelling.

issue a bill for water services provided to a dwelling in respect of the period 1 April 2016 to 30 June 2016.

"charge for water services" does not include a charge to which paragraph (b) of subsection (16) relates;

"committee" means a committee established before, on or after the passing of the Water Services (Amendment) Act 2016 by either House of the Oireachtas or by both Houses of the Oireachtas to examine, and make recommendations in relation to, the matter of funding of water services provided to dwellings;

"first-mentioned period" has the meaning assigned to it by paragraph (a).]

3A. F5[Payment of charge on sale of property

3A.—F6[…]]

3B. F7[No liability in respect of certain charges

3B. Notwithstanding section 21(1) of the No. 2 Act of 2013, a person shall not be liable to pay, in respect of the period commencing on 1 January 2015 and ending on 30 June 2016, to Irish Water—

3C. F8[Refunds

3C. (1) Irish Water shall make a payment to a customer of the amount which has been paid by that customer of a charge imposed by Irish Water for the provision by Irish Water of water services to a dwelling.

4. Late payment charge - dwellings

4. —F9[…]

5. Water conservation grant

5. (1) The Minister may, after consultation with the Minister for Social Protection and subject to such regulations as may be made by the Minister under subsection (5), pay, out of moneys provided by the Oireachtas, an annual grant to a person in respect of a dwelling for the purposes of water conservation.

and

shall be regarded as the occupier of the dwelling.]

5A. F11[Water conservation grant - database

5A. (1) The Minister may, for the purposes of paying a grant under section 5 in respect of any year after 2015, arrange for the establishment and maintenance of a database of water services provided to dwellings (in this section referred to as "the database").

or

and any such information shall be provided, by reference to the reckonable date concerned, at the time or times and in the form and manner so requested.

6. Prohibition on reduction of supply to dwelling

6. Section 21 of the No. 2 Act of 2013 is amended by substituting for subsection (8) the following:

  • “(8) Irish Water shall not, by reason of a charge in respect of a dwelling being wholly or partly unpaid, reduce or discontinue the supply of water to that dwelling either temporarily or permanently.”.

7. Public Water Forum

7. (1) The Commission shall establish a customer consultative forum to be known as the Public Water Forum which is in this section referred to as the “Forum”.

8. Customer dispute resolution

8. (1) Subject to this section, the Commission shall provide a dispute resolution service to any customer of Irish Water having an unresolved complaint relating to Irish Water and shall publish the procedures and details of this service on its website on the internet.

and

“complaint” means a complaint made by a customer of Irish Water to the Commission under this section;

“customer” in relation to a complaint under this section, includes a former customer of Irish Water to whom subsection (4)(a)(i) applies;

“dispute resolution service” means the service provided under subsection (1).

8A. F13[Customer dispute resolution: connection to, and use of, public water system

8A. (1) Where providing for a connection to water services provided by Irish Water or where offering terms for the carrying out of work for the purpose of connection to, or use of, water services provided by Irish Water, Irish Water shall not discriminate unfairly as between any persons or classes of persons.

may, upon the application of that person, be determined by the Commission in accordance with section 8 and Irish Water shall comply with and be bound by any such determination.

9. Superannuation

9. (1) Section 28 of the No. 2 Act of 2013 is amended—

  • “(1A) A scheme prepared under subsection (1) shall have effect, with respect to the pensionable service of a person mentioned in that subsection, on and from the day the person was accepted into the employment of Irish Water in accordance with section 19 or was appointed under section 27, as the case may be.”,
  • “(ii) members of the staff of a local authority or the Local Government Management Agency (unless their contracts of employment provide for a defined contribution scheme).”,

and

  • “(b) Irish Water shall not have any financial liability or responsibility in respect of any scheme made by the Minister under subsection (4) of section 9 of the Water Services Act 2014 for the granting of superannuation benefits in respect of service with the Minister or a local authority or the Local Government Management Agency, as the case may be, before the day the person is accepted under section 19 or appointed under section 27 into the employment or service of Irish Water, except as provided for in paragraph (c).

  • (c) Any increases in superannuation benefits payable under a scheme under this section which arise due to Irish Water increasing relevant pensionable remuneration or net pensionable remuneration shall be the responsibility of Irish Water.”.

  • “(10) For the purposes of this section, an appointment under section 27 includes an appointment by Ervia prior to the formation and registration of Irish Water under the Companies Acts of persons who were members of the staff of a local authority immediately before such appointment and commenced employment with Irish Water immediately on ceasing employment with Ervia.”.

the Minister shall, with the consent of the Minister for Public Expenditure and Reform, make a scheme for the granting of superannuation benefits (within the meaning of section 24 of the No. 2 Act of 2013) in respect of service with the Minister or the local authority concerned, as the case may be, before the day the person is accepted or appointed into the employment or service of Irish Water.

10. Loans relating to property

10. (1) Notwithstanding section 13 of the No. 2 Act of 2013, where property is transferred on a property vesting day to Irish Water in accordance with section 12 of that Act, then any financial loan relating to that property does not, vest in Irish Water.

  • “(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.”.

11. Abolition of power of Irish Water to require PPS numbers of its customers

11. (1) Schedule 5 to the Social Welfare Consolidation Act 2005 is amended in paragraph 1(4) by deleting “Irish Water”.

12. Public water services property not rateable

12. Schedule 4 to the Valuation Act 2001 is amended by inserting after paragraph 20 (inserted by section 16 of the Health Service Executive (Financial Matters) Act 2014) the following:

“21. The entire network (within the meaning of section 2(1) of the Water Services Act 2007) used for the provision of water services (within the meaning of that subsection) by Irish Water or a person who holds a water services licence under section 79 of the Water Services Act 2007 or land and buildings occupied by Irish Water or such a licence holder.”.

13. Increase in membership of board of Ervia

13. The First Schedule to the Gas Act 1976 is amended by substituting for Article 2 (inserted by section 40(a) of the Gas Regulation Act 2013) the following:

“2. The Board shall consist of a chairperson and such number of other members, not being more than 10, as the majority shareholding Minister may determine.”.

14. Regulations and orders

14. (1) The Minister may make regulations for the purpose of enabling any provision of this Act to have full effect.

15. Expenses

15. 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.

16. Short title and collective citation

16. (1) This Act may be cited as the Water Services Act 2014.

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