Water Services Act 2007

29.

Immunity.

29.— (1) No action or other proceeding shall lie or be maintained against the Minister, a water services authority or other prescribed person for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused by—

(a) a failure to exercise any power conferred on the Minister, a water services authority or other prescribed person, by or under this Act or any regulations made under it, or

(b) a restriction of the provision of water services in a manner which is reasonable for the performance of any functions under the Act.

(2) Where the Minister, a water services authority or other person prescribed is satisfied that—

(a) an authorised person appointed by the Minister, that water services authority or that other person,

(b) an officer or employee of the Minister, of that water services authority or that other person, or

(c) a member of a committee or consultative group established by the Minister, that water services authority or that other person,

has carried out his or her duties in relation to the performance by the Minister, that water services authority or that other person of his or her or its functions under this Act in good faith—

(i) the Minister,

(ii) the water services authority, or

(iii) that other person,

as the case may be, shall indemnify the authorised person, officer or employee, or member of a committee or consultative group against all actions or claims howsoever arising in respect of the carrying out by him or her of his or her said duties.

Annotations

Modifications (not altering text):

C8

Application of section extended (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 9, S.I. No. 575 of 2013:

Immunity

9. Section 29 of the Act of 2007 shall apply to Irish Water as it applies to a water services authority, and accordingly references in that section to a water services authority shall be construed as including references to Irish Water.

C9

Application of section extended (29.03.2013) by Water Services Act 2013 (6/2013), s. 23, S.I. No. 108 of 2013:

Immunity

23.— Section 29 of the Act of 2007 shall apply to a metering authority as it applies to a water services authority, and accordingly references in that section to a water services authority shall be construed as including references to a metering authority.