Water Services (No. 2) Act 2013

21.

Power to charge for water services

21. (1) Subject to subsection (6), Irish Water shall charge each customer for the provision by it of water services.

(2) The amount of a charge under subsection (1) shall be calculated by Irish Water in accordance with the approved water charges plan or an approved agreement, as may be appropriate.

F4 [ (2A) The charging of customers of Irish Water for the provision of water services under this section is deemed to be part of the approved water charges plan. ]

(3) A charge under this section shall be payable on demand by the customer concerned in such manner and in respect of such period or periods as Irish Water shall determine in accordance with the approved water charges plan or an approved agreement, as may be appropriate.

(4) Where a customer fails to pay a charge under this section, it shall be recoverable by Irish Water as a simple contract debt in any court of competent jurisdiction.

(5) It shall be presumed, unless the contrary is proved, that the owner of a premises is also the occupier of that premises.

F5 [ (6) Irish Water shall not charge

(a) for the provision of water services (other than water services referred to in subsection (6A) ) to a dwelling (including its curtilage), or

(b) for water services provided to a fire authority within the meaning of the Fire Services Act 1981 . ]

F6 [ (6A) Irish Water shall charge for the provision of the following water services to a dwelling (including its curtilage):

(a) services that exceed the threshold amount in respect of which a customer is liable to make a payment under section 53D (inserted by section 11 of the Water Services Act 2017) of the Act of 2007;

(b) services referred to in paragraph (b) of section 3 (16) of the Water Services Act 2014 ;

(c) services referred to in paragraph (c) of section 3 (16) of the Water Services Act 2014 . ]

(7) Subject to subsection (8), Irish Water may reduce or discontinue the supply of water to a premises where a charge under this section in respect of the premises remains wholly or partly unpaid for such period of time as may be specified in the approved water charges plan or an approved agreement, as may be appropriate.

F7 [ (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. ]

F8 [ (8A) The amount of a charge for provision of water services that exceed the threshold amount may be calculated by Irish Water in relation to such provision over a period of less than 12 months (in this subsection referred to as the lesser period ) in such proportion as is equal to the proportion of that lesser period to a period of 12 months. ]

(9) In this section—

“approved agreement” means an agreement approved under subsection (3) of section 23 ;

F9 [ ]

“owner” has the same meaning as it has in the Act of 2007.

Annotations:

Amendments:

F4

Inserted (17.11.2017) by Water Services Act 2017 (29/2017), s. 15(a), S.I. No. 511 of 2017.

F5

Substituted (17.11.2017) by Water Services Act 2017 (29/2017), s. 15(b), S.I. No. 511 of 2017.

F6

Inserted (17.11.2017) by Water Services Act 2017 (29/2017), s. 15(c), S.I. No. 511 of 2017.

F7

Substituted (28.12.2014) by Water Services Act 2014 (44/2014), s. 6, commenced on enactment.

F8

Inserted (17.11.2017) by Water Services Act 2017 (29/2017), s. 15(d), S.I. No. 511 of 2017.

F9

Deleted (17.11.2017) by Water Services Act 2017 (29/2017), s. 15(e), S.I. No. 511 of 2017.

Modifications (not altering text):

C4

Application of section extended (28.12.2014) by Water Services Act 2014 (44/2014), s. 3(17), commenced on enactment.

Water charges - dwellings

3. ...

(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.

...

C5

Application of subs. (1) restricted (28.12.2014) by Water Services Act 2014 (44/2014), s. 3(1), commenced on enactment.

Water charges - dwellings

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

(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.

...

C6

Application of subs. (3) extended (28.12.2014) by Water Services Act 2014 (44/2014), s. 4(4) commenced on enactment.

Late payment charge - dwellings

4. ...

(4) A late payment charge under this section is deemed to be a charge payable by the customer concerned under section 21(3) of the No. 2 Act of 2013.