Water Services (No. 2) Act 2013


Number 50 of 2013


WATER SERVICES (NO. 2) ACT 2013

REVISED

Updated to 27 July 2018


This Revised Act is an administrative consolidation of the Water Services (No. 2) Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2018 (S.I. No. 297 of 2018) made 26 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 50 of 2013


WATER SERVICES (NO. 2) ACT 2013

REVISED

Updated to 27 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Water Services Acts 2007 to 2017 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Water Services Act 2017 (29/2017), s. 1(2)). The Acts in this group are:

Water Services Act 2007 (30/2007)

Water Services (Amendment) Act 2012 (2/2012)

Water Services Act 2013 (6/2013)

Water Services (No. 2) Act 2013 (50/2013)

Water Services Act 2014 (44/2014)

Environment (Miscellaneous Provisions) Act 2015 (29/2015), Part 10

Water Services Act 2017 (29/2017)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2018)

Water Services Act 2017 (29/2017)

Environment (Miscellaneous Provisions) Act 2015 (29/2014)

Water Services Act 2014 (44/2014)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2018 (S.I. No. 297 of 2018)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2017 (S.I. No. 607 of 2017)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 10) Order 2017 (S.I. No. 329 of 2017)

Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2016 (S.I. No. 335 of 2016)

Water Services (No. 2) Act 2013 (Commencement) Order 2016 (S.I. No. 41 of 2016)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 9) Order 2015 (S.I. No. 632 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 8) Order 2015 (S.I. No. 509 of 2015)

Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 7) Order 2015 (S.I. No. 461 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 6) Order 2015 (S.I. No. 319 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 5) Order 2015 (S.I. No. 181 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 4) Order 2015 (S.I. No. 146 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2015 (S.I. No. 112 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2015 (S.I. No. 111 of 2015)

Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2015 (S.I. No. 15 of 2015)

Water Services (No. 2) Act 2013 (Sections 4(2) and 35) Commencement Order 2014 (S.I. No. 548 of 2014)

Water Services (No. 2) Act 2013 (Commencement) (No. 2) Order 2014 (S.I. No. 422 of 2014)

Water Services Act (No. 2) 2013 (Transfer of Other Liabilities) Order (No. 2) 2014 (S.I. No. 188 of 2014)

Water Services Act (No. 2) 2013 (Transfer of Other Liabilities) Order 2014 (S.I. No. 96 of 2014)

Water Services (No. 2) Act 2013 (Commencement) Order 2014 (S.I. No. 76 of 2014)

Water Services (No. 2) Act 2013 (Transfer Day) Order 2013 (S.I. No. 576 of 2013)

Water Services (No. 2) Act 2013 (Commencement) Order 2013 (S.I. No. 575 of 2013)

All statutory instruments up to and including Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2018 (S.I. No. 297 of 2018), made 26 July 2018, were considered in the preparation of this revision.


Number 50 of 2013


WATER SERVICES (NO. 2) ACT 2013

REVISED

Updated to 27 July 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

2. Definitions

3. Expenses

4. Repeals

PART 2

Transfer of Functions, Property and Staff

5. Definitions in this Part

6. Transfer day

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

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

9. Immunity

10. Continuance of certain functions of water service authorities

11. Provisions consequent upon transfer of functions to Irish Water

12. Transfer of property of water services authorities

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

14. Transfer of other liabilities

15. Liability for loss occurring before relevant day

16. Licences under section 16 of the Local Government (Water Pollution) Act 1977

17. Licences and certificates under certain other enactments

18. Other licences, authorisations and permits

19. Transfer of staff

PART 3

Water Charges

20. Definition in this Part

21. Power to charge for water services

22. Water charges plan

23. Agreement in relation to water charges

23A. Registration with Irish Water

PART 4

Irish Water

24. Definitions in this Part

25. Memorandum of association and articles of association of Irish Water

26. Directions of Minister

27. Staff

28. Superannuation

29. Payments to Irish Water in respect of superannuation

30. Application of sections 2 and 2A of Financial Emergency Measures in the Public Interest Act 2010

31. Performance of functions by local authorities on behalf of Irish Water

32. Codes of practice

32A. Water services policy statement

33. Water services strategic plan

34. Investment plans

34A. Strategic funding plan

35. Borrowing by Irish Water

36. Grants by Minister

37. Advances out of Central Fund

38. Authorised persons

PART 5

Economic Regulation

39. Performance of functions of Commission

40. Advisory role of Commission

41. Strategy statement

42. Directions to Commission

43. Information and cooperation

PART 6

Amendment of Certain Enactments

44. Amendment of Act of 1999

45. Amendment of Act of 2007

46. Amendment of Act of 2013



Number 50 of 2013


WATER SERVICES (NO. 2) ACT 2013

REVISED

Updated to 27 July 2018


An Act to make provision for, and in relation to, the imposition of charges by Irish Water in respect of the provision by Irish Water of water services; to provide for the transfer, in part, of the functions of water services authorities under the Water Services Act 2007 to Irish Water; to repeal the Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995, certain provisions of the Water Services Act 2013 and, for certain purposes, certain provisions of the Water Services Act 2007; to amend the Water Services Act 2007 and certain other enactments; and to provide for matters connected therewith.

[25 th December, 2013]

Be it enacted by the Oireachtas as follows: