Water Services Act 2017

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Water Services Act 2017.

(2) The Water Services Acts 2007 to 2015 and this Act may be cited together as the Water Services Acts 2007 to 2017.

(3) This Act, other than the provisions referred to in section 5(3), 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 provisions and for the repeal of different Acts or provisions of them, and the revocation of different statutory instruments or provisions of them, effected by section 5.

2. Definitions

2. In this Act—

“Act of 1998” means the Local Government Act 1998;

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

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

“Act of 2014” means the Water Services Act 2014;

“Advisory Body” has the meaning assigned to it by section 43;

“Agency” means the Environmental Protection Agency;

“Commission” means—

(a) before 2 October 2017, the Commission for Energy Regulation, and

(b) by virtue of the Change of Name of Commission for Energy Regulation to Commission for Regulation of Utilities (Appointed Day) Order 2017 (S.I. No. 397 of 2017), on and from 2 October 2017, the Commission for Regulation of Utilities;

“dissolved bodies” has the meaning assigned to it by section 34;

“Forum” has the meaning assigned to it by section 25;

“local authority” has the meaning assigned to it by the Act of 2001;

“Minister” means the Minister for Housing, Planning and Local Government;

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

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. Orders and regulations

4. Every order (other than an order under section 1(3), 24 or 42) and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Repeals and revocations

5. (1) The following are repealed:

(a) section 75 of the Act of 2007;

(b) the following provisions of the Act of 2014:

(i) subsections (3) to (15) and paragraph (a) of subsection (16) of section 3;

(ii) section 3A;

(iii) section 4;

(iv) section 7.

(2) The following are revoked:

(a) the National Rural Water Services Committee Regulations 2008 (S.I. No. 510 of 2008);

(b) the Water Services Act 2014 (Public Water Forum) Regulations 2015 (S.I. No. 234 of 2015);

(c) the Water Services Act 2014 (Public Water Forum) (Amendment) Regulations 2015 (S.I. No. 405 of 2015).

(3)Subsections (1)(a), (2) and this subsection shall come into operation on the establishment day referred to in section 24.

PART 2 Amendment of Water Services Act 2007

6. Amendment of section 2 of Act of 2007

6. Section 2(1) of the Act of 2007 is amended by the insertion of the following definitions:

“ ‘allowance amount’ means the allowance specified by order under subsection (1)(b) or (4)(b) of section 53B (inserted by section 9 of the Water Services Act 2017);

‘average rate’ has the meaning assigned to it by section 53A (inserted by section 8 of the Water Services Act 2017);

‘Commission’ means—

(a) before 2 October 2017, the Commission for Energy Regulation, and

(b) by virtue of the Change of Name of Commission for Energy Regulation to Commission for Regulation of Utilities (Appointed Day) Order 2017 (S.I. No. 397 of 2017), on and from 2 October 2017, the Commission for Regulation of Utilities;

‘customer’ has the meaning assigned to it by the Water Services (No. 2) Act 2013;

‘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);

‘recommended allowance’ has the meaning assigned to it by section 53A (inserted by section 8of the Water Services Act 2017);

‘threshold amount’ means the threshold amount specified by order under subsection (1)(a) or (4)(a) of section 53B (inserted by section 9 of the Water Services Act 2017);”.

7. Amendment of section 16 of Act of 2007

7. Section 16 of the Act of 2007 is amended—

(a) in paragraph (d), by the substitution of “water services,” for “water services, or”,

(b) by the insertion of the following paragraph after paragraph (d):

“(dd) in accordance with section 31 of the Water Services Act 2017, the Water Forum,”,

and

(c) by the insertion of the following paragraph after paragraph (dd) (inserted by paragraph (b)):

“(de) in accordance with section 52 of the Water Services Act 2017, the Water Advisory Body, or”.

8. Review by Commission of rate of demand for water services provided to dwellings

8. The Act of 2007 is amended by the insertion of the following section after section 53:

“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.”.

9. Threshold amount and allowance amount

9. The Act of 2007 is amended by the insertion of the following section after section 53A (inserted by section 8):

“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.”.

10. Provision of water services exceeding threshold amount

10. The Act of 2007 is amended by the insertion of the following section after section 53B (inserted by section 9):

“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.”.

11. Notice of provision of water services exceeding threshold amount

11. The Act of 2007 is amended by the insertion of the following section after section 53C (inserted by section 10):

“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.”.

12. Allowance for household size

12. The Act of 2007 is amended by the insertion of the following section after section 53D (inserted by section 11):

“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.”.

13. Exemption where certain medical need

13. The Act of 2007 is amended by the insertion of the following section after section 53E (inserted by section 12):

“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.”.

PART 3 Amendment of Water Services (No. 2) Act 2013

14. Amendment of section 2 of No. 2 Act of 2013

14. Section 2 of the No. 2 Act of 2013 is amended by the insertion of the following definitions:

“ ‘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);

‘strategic funding plan’ has the meaning assigned to it by section 34A (inserted by section 19 of the Water Services Act 2017);