Water Services Act 2014

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—

(a) a Resolution of each such House is passed approving a proposal to provide or allow for such alienation,

(b) a proposal to provide or allow for such alienation is submitted by Plebiscite for the decision of the People, and

(c) a majority of the votes cast in such Plebiscite shall have been cast in favour of the proposal.

(2) Whenever Resolutions are passed by both Houses of the Oireachtas in respect of the proposal referred to in subsection (1), the Minister may by order appoint the day upon which and during which the poll at the Plebiscite on the proposal shall be held.

(3) An order under subsection (2) shall be published in the Iris Oifigiúil.

(4) On such Resolutions being passed by both Houses of the Oireachtas, the Clerk of the Dáil shall immediately inform the Minister accordingly.

(5) A person who has the right to vote at a referendum on a proposal for an amendment of the Constitution shall have the right to vote in the Plebiscite.

(6) The Plebiscite shall—

(a) put a proposal for a decision of those persons entitled to vote in the Plebiscite as to whether the Government may, if it wishes to, cause the initiation of legislation as referred to in subsection (1), and

(b) be held in accordance with regulations made by the Minister providing for the holding of the Plebiscite and for other requirements and arrangements that will apply in relation to the Plebiscite.

(7) The Minister shall publish details of the proposal and the reasons for it to be submitted to the people in the Plebiscite not later than 30 days before the day fixed as the polling day for the Plebiscite.

(8) In this section “Plebiscite” means the Plebiscite to which subsection (1)(b) refers.

3. Water charges - dwellings

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

F2[(1A) (a) Notwithstanding section 21(1) of the No. 2 Act of 2013, Irish Water shall not charge for water services provided to a dwelling in respect of the period (in this subsection referred to as the "first-mentioned period") commencing on 1 July 2016 and ending on 31 March 2017.

(b) Where the Minister is informed by the committee that it will not complete its work on or before 31 March 2017 or is otherwise satisfied that the committee will not complete its work on or before that date, he or she may, on or before that date, make an order extending the first-mentioned period for such further period, commencing on the day immediately following the expiration of the first-mentioned period, as does not exceed the period that he or she believes the committee will require to complete its work and is specified in the order.

(c) For the purpose of enabling the Government to consider the recommendations of the committee, the Minister may—

(i) make an order extending the first-mentioned period for such further period, commencing on the day immediately following the expiration of the first-mentioned period, as he or she considers appropriate and is specified in the order, or

(ii) where an order was made underparagraph (b), make an order extending the first-mentioned period as extended underparagraph (b)for such further period, commencing on the day immediately following the expiration of the period specified in the order underparagraph (b), as he or she considers appropriate and is specified in the order.

(d) Notwithstanding section 21(1) of the No. 2 Act of 2013, Irish Water shall not charge for water services provided to a dwelling in respect of any period specified in an order underparagraph (b)or(c).

(e) Irish Water shall not—

(i) before 31 March 2017,

(ii) (in circumstances where an order is made underparagraph (b)) before the expiration of the period specified in that order,

(iii) (in circumstances where an order is made underparagraph (c)) before the expiration of the period specified in that order, or

(iv) (in circumstances where an order is made underparagraph (b)and an order is made underparagraph (c)) before the expiration of the period specified in the order underparagraph (c),

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

(f) In this subsection—

"charge for water services" does not include a charge to whichparagraph (b)ofsubsection (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 byparagraph (a).]

(2) Subsection (1) does not apply to non-domestic water supply and waste water charges made under the approved water charges plan in respect of the period from 1 October 2014 until 31 December 2014.

(3) F3[…]

(4) F3[…]

(5) F3[…]

(6) F3[…]

(7) F3[…]

(8) F3[…]

(9) F3[…]

(10) F3[…]

(11) F3[…]

(12) F3[…]

(13) F3[…]

(14) F3[…]

(15) F3[…]

(16) Irish Water shall not charge for any services to a dwelling (including its curtilage) other than—

(a) F3[…]

(b) in relation to the connection of the dwelling to water services and waste water services, and

(c) reading and testing of water meters requested by a customer of Irish Water in respect of the dwelling.

(17) A charge made by Irish Water of a customer of Irish Water under section 21 of the No. 2 Act of 2013 includes a charge under this section.

(18) In this section “approved water charges plan” means the water charges plan approved by the Commission under section 22(8) of the Act of 2013 on F4[5 March 2015].

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—

(a) a charge for the provision by Irish Water of water services to a dwelling, (other than a charge underparagraph (b)ofsection 3(16)), or

(b) a late payment charge undersection 4.]

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.

(2) The payment by Irish Water undersubsection (1)shall be made in relation to the charge imposed for the provision of water services (other than a charge underparagraph (b)ofsection 3(16)) to a dwelling in respect of the period commencing on 1 January 2015 and ending on 31 March 2016.

(3) As soon as practicable, and in any event not later than one month after the coming into operation of this section, the Minister shall, for the purposes of this section, give a direction in writing to Irish Water.

(4) A direction of the Minister undersubsection (3)shall direct—

(a) Irish Water to make payments to customers for the purposes of this section,

(b) the manner in which payments under this section shall be made,

(c) Irish Water to make payments, within the period specified in the direction, and

(d) Irish Water to inform customers of its complaints process under section 32(2)(ee) (inserted bysection 17(b) of the Water Services Act 2017) of the No. 2 Act of 2013.

(5) The Minister, by direction in writing, may, for the purposes of this section, amend or revoke a direction under this section (including a direction under this subsection).

(6) As soon as practicable after giving a direction to Irish Water undersubsection (3)or(5)the Minister shall—

(a) cause the direction to be published in Iris Oifigiúil, and

(b) lay a copy of the direction before each House of the Oireachtas.

(7) Irish Water shall comply with a direction under this section within the time specified in the direction.]

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.

(2) A grant under this section payable in respect of the year 2015 shall only be paid where the occupier of a dwelling—

(a) has, not later than such date as the Minister specifies by order, registered with Irish Water details of the water supply to the dwelling and the treatment of waste water discharged from the dwelling, and

(b) has provided to the Minister for Social Protection information specified under regulations made under subsection (5).

(3) For the purposes of this section F10[andsection 5A(inserted bysection 50of the Environment (Miscellaneous Provisions) Act 2015)], a person shall be regarded as the occupier of a dwelling if for reasons of physical or intellectual disability he or she is not resident in that dwelling, other than where the dwelling is rented to another person.

F10[(3A) For the purposes of this section andsection 5A, an approved housing body (being a body standing approved of for the purposes ofsection 6of theHousing (Miscellaneous Provisions) Act 1992) that—

(a) is in receipt of funding from the Health Service Executive under—

(i) an arrangement undersection 38of theHealth Act 2004, or

(ii)section 39of theHealth Act 2004,

and

(b) is liable for the payment of any charge for the provision of water services to a dwelling,

shall be regarded as the occupier of the dwelling.]

(4) Irish Water shall send to the Minister for Social Protection particulars in relation to persons (whether or not they are customers of Irish Water) drawn from the particulars of registration received by it in respect of the registration process referred to in subsection (2)(a), which particulars shall be sent at the time and in the form and manner agreed between Irish Water and the Minister for Social Protection.

(5) The Minister may make regulations for the purposes of this section to provide for the following:

(a) the amount of the grant;

(b) eligibility criteria;

(c) application procedures;

(d) information to be provided by persons making an application under this section;

(e) general administration procedures;

(f) any consequential or ancillary matters that the Minister considers necessary for the proper functioning of the scheme.

5A. F11[Water conservation grant - database

5A.(1) The Minister may, for the purposes of paying a grant undersection 5in 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").

(2) The database shall include the following information in respect of each dwelling:

(a) details of the water supply to the dwelling;

(b) details of the treatment of waste water discharged from the dwelling;

(c) the address of the dwelling;

(d) the postcode (within the meaning ofsection 66of theCommunications Regulation (Postal Services) Act 2011), if any, of the dwelling;

(e) the name of the occupier of the dwelling;

(f) whether or not the dwelling is the principal private residence of the occupier;

(g) any unique reference number assigned in respect of the dwelling to the occupier of the dwelling.

(3) A grant under section 5 shall not be payable to any person in respect of a dwelling in respect of any year after 2015 unless on the reckonable date—

(a) the dwelling is—

(i) included in the database, and

(ii) occupied by such person as his or her principal private residence,

or

(b) the dwelling is a dwelling to which subsection (3) or (3A) (inserted bysection 49of the Environment (Miscellaneous Provisions) Act 2015), as the case may be, of section 5 applies.

(4) The Minister may, in any year after 2015, by order prescribe a date to be the reckonable date for that year, for the purposes of subsection (3).

(5) The Minister may request Irish Water or the Local Government Management Agency (in this section referred to as "the Agency") to establish and maintain the database on behalf of the Minister.

(6) For the purpose of the performance of the Minister’s functions under this section andsection 5—

(a) the Minister for Social Protection shall, on the request of the Minister or, where the Minister requests Irish Water or the Agency, pursuant tosubsection (5), to establish and maintain the database, Irish Water or the Agency, provide to the Minister, Irish Water or the Agency, as the case may be, so much of the information referred to insubsection (2)provided, whether before or after the coming into operation ofsection 50of the Environment (Miscellaneous Provisions) Act 2015, to the Minister for Social Protection undersection 5or regulations made under that section, as the Minister, Irish Water or the Agency, as the case may be, may reasonably require,

(b) Irish Water shall, on the request of the Minister or, where the Minister requests the Agency, pursuant tosubsection (5), to establish and maintain the database, the Agency, provide to the Minister or the Agency, as the case may be, so much of the information referred to insubsection (2)as the Minister or the Agency, as the case may be, may reasonably require in relation to customers of Irish Water, and

(c) the Minister or, where the Minister requests Irish Water or the Agency, pursuant tosubsection (5), to establish and maintain the database, Irish Water or the Agency, as the case may be, may request all or any of the information referred to insubsection (2)from the occupier of a dwelling who is not a customer of Irish Water where—

(i) the dwelling is not included in the database, or

(ii) there is any change, after 30 June 2015, in the occupation of a dwelling included in the database,

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.

(7) The Minister or, where the Minister requests Irish Water or the Agency, pursuant tosubsection (5), to establish and maintain the database, Irish Water or the Agency, as the case may be, shall provide to the Minister for Social Protection, at the time or times and in the form and manner agreed between the Minister and the Minister for Social Protection, such information from the database as is reasonably necessary for the purposes of the Minister for Social Protection paying a grant undersection 5on behalf of the Minister.]

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”.

(2) The Forum shall consist of at least 12 and not more than 60 members (including a chairperson).

(3) (a) The Minister shall appoint a person to be the chairperson of the Forum who, in the opinion of the Minister, has appropriate expertise and experience.

(b) An appointment under paragraph (a) shall be for such period not exceeding 3 years as specified by the Minister when appointing the person and shall be on such terms as may be determined by the Minister with the consent of the Minister for Public Expenditure and Reform.

(c) The chairperson shall chair the meetings of the Forum.

(d) In the event of the chairperson being unable to attend a meeting of the Forum, the members of the Forum who are present shall choose one of their number to chair the meeting.

(e) In the event of the office of chairperson being vacant, the Minister shall designate one of the members of the Forum to chair its meetings until a chairperson is appointed.

(4) The Minister shall make regulations in respect of the composition of, and the conditions of membership of, the Forum.

(5) The Forum shall have the following functions:

(a) to represent the interests of customers of Irish Water;

(b) to provide Irish Water with comments and suggestions in relation to the performance by Irish Water of its functions;

(c) to provide the Commission with comments and suggestions in relation to the performance by Irish Water of its functions;

(d) to comment on any policy document produced by Irish Water, when requested to do so in writing by Irish Water;

(e) to comment on any consultation document produced by the Commission in respect of public water and waste water services, when requested to do so by the Commission;

(f) to carry out such other activities in respect of such other matters as the Minister by order specifies.

(6) The Commission shall provide the Forum with such administrative services, including technical advice, as it requires to discharge its functions.

(7) The Commission shall—