Water Services Act 2007

31.

Powers of a water services authority.

31.— (1) F25[]

(2) F26[] a water services authority may provide water services or supervise the provision of water services by other persons, in accordance with any prescribed standards, for domestic and non-domestic requirements F26[], taking full account of the following aspects of public policy, namely:

(a) proper planning and sustainable development F26[];

(b) protection of human health and the environment;

(c) relevant regulations and other statutory provisions made by the Minister or the Parliament and Council of the European Union;

(d) relevant regulations made by the Minister for Health and Children;

(e) relevant policy directions issued by the Minister under this Act or any other enactment;

(f) guidance provided or direction made by the Agency;

(g) sustainable management of water resources;

(h) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000;

(i) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 to 2007 for the area to be covered by the water services strategic plan;

(j) a waste management plan under the Act of 1996;

(k) a river basin management plan or a programme of measures under the EU Water Framework Directive; or

(l) such other criteria, standards or procedures as may be prescribed in relation to matters to which paragraphs (a) to (k) apply or as may be directed by the Minister.

(3) F25[]

(4) A water services authority may not provide water services or supervise the provision of water services if doing so is inconsistent with any of the public policy issues specified in subsection (2)(a) to (l).

(5) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002, for the purposes of fulfilling all or any of its functions under subsection (2), a water services authority may make arrangements with another person, including entering into an agreement or arrangement with another person in relation to the provision of water services by another person or jointly with it F26[].

(6) Any plant, works, machinery or pipe provided under any arrangement under subsection (5) will be subject to the same obligations and duty of care by owners or occupiers of premises as if it was provided directly by a water services authority.

(7) F25[]

(8) Notwithstanding subsection (7), a water services authority may require that the provision of water services to any person (other than in the case of water services provided to a household for domestic purposes) shall be subject to that person entering into an agreement with the water services authority under section 32(1)(k) in relation to reserving or assigning capacity for the provision of water services to that person.

(9) F25[]

(10) A water services authority may provide assistance to any water services provider to facilitate the provision of water services.

(11) F25[]

(12) (a) Notwithstanding any provision of this or any other enactment, a water services authority shall not enter into any agreement or arrangement with another person, F26[], for the provision of water services jointly with or on behalf of the authority which—

(i) involves or may involve the transfer of the water services authority’s assets or infrastructure, or any part of such assets or infrastructure, to that person, or

(ii) prohibits the transfer to the water services authority of assets or infrastructure, or any part of such assets or infrastructure, provided by the person as part of such agreement.

(b)F26[]

(13) F25[]

(14) F25[].

(15) F25[]

(16) F25[]

(17)F25[]

(18) F25[]

(19) A right to water services, which is provided for under, or may be construed from, this section, or any other section under this Act or any other enactment, whether enacted before or after this Act, shall not apply in relation to a premises which is an unauthorised structure, or the use of which constitutes an unauthorised use, under the Act of 2000.

(20) F25[]

Annotations

Amendments:

F25

Deleted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 45(3)(d), S.I. No. 575 of 2013, subject to subs. (24) which excludes certain provisions from effect of amendment.

F26

Deleted (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 45(3)(a)-(c), S.I. No. 575 of 2013, subject to subs. (24) which excludes certain provisions from effect of amendment.