Water Services (No. 2) Act 2013

PART 6

Amendment of Certain Enactments

44.

Amendment of Act of 1999

44. (1) Section 11 of the Act of 1999 is amended—

(a) in subsection (1) by substituting “, or Bord Gáis Éireann or Irish Water.” for “or Bord Gáis Éireann.”,

(b) in subsection (4)—

(i) after “its functions under this Act” by inserting “, the Water Services (No.2) Act 2013”, and

(ii) in paragraph (bb) after “this Act” by inserting “, the Water Services (No.2) Act 2013”.

(2) Section 13 of the Act of 1999 is amended in subsection (1A) by substituting “the Gas (Interim) (Regulation) Act 2002 or the Water Services (No.2) Act 2013.” for “or the Gas (Interim) Regulation Act, 2002.”.

(3) Schedule 1 to the Act of 1999 is amended—

(a) in paragraph 1, by substituting “as the Minister, following consultation with the Minister for the Environment, Community and Local Government may fix,” for “as the Minister may fix,”,

(b) by inserting the following paragraph after paragraph 10:

“10A. The Minister shall, where he or she receives a request from the Commission in relation to staffing or other resources required by the Commission in relation to the performance of its functions under the Water Services (No.2) Act 2013, consult with the Minister for the Environment, Community and Local Government.”,

(c) by inserting the following paragraph after paragraph 16:

“16A. For the purposes of meeting expenses properly incurred by the Commission in the discharge of its functions under the Water Services (No.2) Act 2013 the Commission may make an order (in this Act referred to as a ‘levy order’) imposing such levy to be paid each year by Irish Water as may be specified by the Commission in the order.”,

(d) in paragraph 18, by substituting “paragraph 16 or 16A” for “paragraph 16”,

(e) in paragraph 19, by substituting “paragraph 16 or 16A” for “paragraph 16”,

(f) by inserting the following paragraph after paragraph 21:

“21A. The Minister for the Environment, Community and Local Government may from time to time, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister for the Environment, Community and Local Government may determine for the purposes of expenditure by the Commission in the performance of its functions under the Water Services (No.2) Act 2013.”,

(g) in paragraph 22, by substituting “paragraphs 21 and 21A” for “paragraph 21”,

(h) by inserting the following paragraph after paragraph 23:

“23A. Paragraph 23 shall apply to advances made to the Commission by the Minister for the Environment, Community and Local Government under paragraph 21A as if those advances had been made by the Minister under paragraph 21.”,

(i) by substituting the following paragraph for paragraph 24:

“24. (a) The Commission may, for the purpose of the performance of its functions, borrow money, but shall not do so without the consent of the Minister and the Minister for Public Expenditure and Reform.

(b) The Minister shall consult with the Minister for the Environment, Community and Local Government, prior to giving his or her consent under subparagraph (a) in relation to a proposal to borrow money for the performance of the Commission’s functions under the Water Services (No.2) Act 2013.”,

and

(j) in paragraph 25—

(i) by substituting the following subparagraph for subparagraph (aa):

“(aa) ensure, as far as is reasonably practicable, that such accounts identify separately in regard to the gas, LPG, electricity, water and petroleum sectors all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to the discharge of the Commission’s functions under this Act and the Water Services (No.2) Act 2013.”,

and

(ii) by substituting the following subparagraph for subparagraph (c):

“(c) not later than 30 November in each year make a report to the Minister and the Minister for the Environment, Community and Local Government in relation to its proposed work programme for the following year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas as soon as practicable.”.

(4) In this section “Act of 1999” means the Electricity Regulation Act 1999.

Annotations:

Modifications (not altering text):

C7

References to “Bord Gáis Éireann” or “The Irish Gas Board” construed as Ervia (19.06.2014) by ESB (Electronic Communications Networks) Act 2014 (5/2014), ss. 8 (1),(2), S.I. No. 286 of 2014.