Water Services (No. 2) Act 2013

12.

Transfer of property of water services authorities

12. (1) The Minister may, on or after the transfer day, from time to time, by order, appoint a day (in this Part referred to as a “property vesting day”) for the purposes of this section and different property vesting days may be so appointed in relation to—

(a) different water services authorities, and

(b) different property or class or classes of property of a water services authority.

(2) An order under this section shall designate such property, or such class or classes of property, of a water services authority as the Minister may determine.

(3) The Minister may request a water services authority to furnish him or her with such information as he or she may require for the purposes of his or her deciding whether or not to make an order under subsection (1).

(4) A water services authority shall comply with a request under subsection (3) not later than 3 months from its having received the request.

(5) On a property vesting day any land designated by the order by which that property vesting day was appointed and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in Irish Water for all the estate or interest therein that, immediately before that day, was vested in the water services authority concerned, but subject to all trusts and equities affecting the land continuing to subsist and being capable of being performed.

(6) On a property vesting day all property (other than land), including choses-in-action, designated by the order by which the property vesting day was appointed that immediately before that day, was vested in the water services authority concerned shall, without any assignment, stand vested in Irish Water.

F3[(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.]

(7) Every chose-in-action vested in Irish Water by virtue of subsection (6) may, on and after the property vesting day concerned, be sued on, recovered or enforced by Irish Water in its own name, and it shall not be necessary for Irish Water or the water services authority concerned to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

(8) Any moneys received by a planning authority in accordance with section 48 or 49 of the Act of 2000 and vested in Irish Water pursuant to an order under this section, shall be expended by Irish Water for the purposes of the provision of water services in the functional area of that planning authority.

(9) Section 183 of the Act of 2001 shall not apply to the vesting of land under this section.

(10) In this section—

“borough council” means a body specified in Chapter 1 of Part 1 of Schedule 6 to the Act of 2001;

“town council” has the same meaning as it has in the Act of 2001;

“water services authority” includes a town council and a borough council.

Annotations

Amendments:

F3

Inserted (28.12.2014) by Water Services Act 2014 (44/2014), s. 10(2), commenced on enactment.

Modifications (not altering text):

C2

References to “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2), 25(2), S.I. No. 214 of 2014.

Dissolution of town councils — consequential provisions

25.— ...

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

Editorial Notes:

E7

Power pursuant to subs. (1) exercised (31.12.2021) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2021 (S.I. No. 721 of 2021), in effect as per art. 2.

E8

Power pursuant to subs. (1) exercised (15.10.2021) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2021 (S.I. No. 533 of 2021), in effect as per art. 2.

E9

Power pursuant to subs. (1) exercised (30.06.2021) by Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2021 (S.I. No. 319 of 2021), in effect as per art. 2.

E10

Power pursuant to subs. (1) exercised (31.12.2020) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No.3) Order 2020 (S.I. No. 681 of 2020), in effect as per art. 2.

E11

Power pursuant to subs. (1) exercised (30.09.2020) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2020 (S.I. No. 384 of 2020), in effect as per art. 2.

E12

Power pursuant to subs. (1) exercised (31.05.2020) by Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2020 (S.I. No. 166 of 2020), in effect as per art. 2.

E13

Power pursuant to subs. (1) exercised (31.12.2019) by Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2019 (S.I. No. 680 of 2019), in effect as per art. 2.

E14

Power pursuant to subs. (1) exercised (31.12.2018) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2018 (S.I. No. 573 of 2018), in effect as per art. 2.

E15

Power pursuant to subs. (1) exercised (27.07.2018) by Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2018 (S.I. No. 297 of 2018), in effect as per art. 2.

E16

Power pursuant to subs. (1) exercised (31.12.2017) by Water Services (No.2) Act 2013 (Property Vesting Day) (No. 2) Order 2017 (S.I. No. 607 of 2017), in effect as per art. 2.

E17

Power pursuant to subs. (1) exercised (21.07.2017) by Water Services (No.2) Act 2013 (Property Vesting Day) (No. 10) Order 2017 (S.I. No. 329 of 2017), in effect as per art. 2.

E18

Power pursuant to subs. (1) exercised (30.06.2016) by Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2016 (S.I. No. 335 of 2016), in effect as per art. 2.

E19

Power pursuant to subs. (1) exercised (24.12.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 9) Order 2015 (S.I. No. 632 of 2015).

E20

Power pursuant to subs. (1) exercised (17.11.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 8) Order 2015 (S.I. No. 509 of 2015).

E21

Power pursuant to subs. (1) exercised (30.10.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 7) Order 2015 (S.I. No. 461 of 2015).

E22

Power pursuant to section exercised (17.07.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 6) Order 2015 (S.I. No. 319 of 2015).

E23

Power pursuant to section exercised (8.05.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 5) Order 2015 (S.I. No. 181 of 2015).

E24

Power pursuant to subs. (1) exercised (24.04.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 4) Order 2015 (S.I. No. 146 of 2015).

E25

Power pursuant to subs. (1) exercised (8.04.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2015 (S.I. No. 112 of 2015).

E26

Power pursuant to subs. (1) exercised (3.04.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2015 (S.I. No. 111 of 2015).

E27

Power pursuant to section exercised (20.01.2015) by Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2015, S.I. No. 13 of 2015.