Local Government Act 2001

Functions under Local Government (Sanitary Services) Acts, 1878 to 1995, etc.


83.—(1) On the coming into operation of this section—

(a) the water functions of a town sanitary authority shall transfer to and be functions of the county council in whose administrative county the relevant town sanitary district was situated, and

(b) the county council concerned is the sanitary authority for the purposes of those functions,

and the county shall for those purposes comprise a single sanitary district and each town sanitary district existing before such day shall form part of that single district.

(2) (a) Notwithstanding the repeal of the Local Government (Amendment) (No. 2) Act, 1934, by this Act and subject to paragraph (b), nothing in this section affects the division of the administrative County of Cork into 3 county health districts by order under the Local Government (Amendment) (No. 2) Act, 1934, which shall each comprise a single sanitary district for the purposes of this section and each such district may be known as a “Division” or such other title as may be assigned by Cork County Council.

(b) Cork County Council may be resolution alter the boundaries of any such Division or terminate all such Divisions in consequence of which termination the County comprises of a single sanitary district for the purposes of this section.

(3) A reference in any enactment to a county health district shall, in so far as it relates or applies for the purposes of the water functions and subject to this section, be read as a reference to a sanitary district within the meaning of subsection (1).

(4) On the commencement of this provision, all property, real and personal (including all interests, rights and easements in, to, and out of property and choses-in-action) which immediately before such commencement was vested in a town sanitary authority and was used solely for the purposes of the water functions and all rights, powers, licences and privileges connected with such functions shall, unless the relevant county council and town sanitary authority otherwise agree, stand vested in the county council without any conveyance or assignment.

(5) A town sanitary authority may issue a certificate under the hand of its town clerk in respect of specified property certifying, as it thinks proper, that the property vested or did not vest under this section and the certificate is evidence of the facts stated in it unless the contrary is shown.

(6) A sanitary authority may make arrangements with any other local authority in relation to the discharge of its water functions.

(7) The Minister may be regulations make such provision as in his or her opinion may be necessary arising from or connected with the transfer of functions effected by this section and for that purpose may—

(a) specify functions under any enactment which shall be water functions for the purposes of this section,

(b) make any necessary adaptation or modification of the Local Government (Sanitary Services) Acts, 1878 to 1995, the Water Supplies Act, 1942, the Local Government (Water Pollution) Acts, 1977 and 1990, or any other enactment for the purposes of this section,

(c) provide for financial adjustments between a county council and any other local authority affected by such transfer and for the method of determination of such adjustments,

(d) provide for the payment of money by or to a county council or by or to any other local authority affected by such transfer or for any other financial arrangements which may be necessary.


Modifications (not altering text):


References to "sanitary authority" construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(4), S.I. No. 575 of 2013.

Transfer of functions from water service authorities to Irish Water

7. ...

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.