72.— (1) Subject to any direction of the Minister under this Act—

(a) a water services authority may—

(i) supply water by measure,

(ii) meter or otherwise measure the volume of water supplied or the volume of waste water discharged,

(iii) subject to complying with other enactments in relation to charging for water services, charge a rent or otherwise recover from a consumer the costs incurred by it in respect of every meter or other instrument provided for measuring the water supplied to or the waste water discharged by that consumer,

(iv) require any consumer of water supplied by it to take such supply through a specified water supply meter,

(v) require any consumer of waste water services provided by it to discharge their waste water via a specified waste water discharge meter,

and

(b) a water services authority shall—

(i) keep every meter whether let by it for hire to a consumer or supplied free of charge, in proper order for measuring the supply of water or discharge of waste water, and in default of so doing, such consumer shall not be liable to pay rent as long as the default continues, and

(ii) have access to and be at liberty at all reasonable times to install, read, remove, examine, repair, replace or reinstall such meter.

(2) An owner of a meter shall, subject to the requirements of—

(a) the Metrology Acts 1980 to 1998,

(b) any relevant instrument made under those Acts, and

(c) any relevant regulations made under the European Communities Act 1972,

ensure that the meter is the correct type and size required for the accurate measurement of consumption or discharge, that is foreseen or foreseeable. For that purpose account shall be taken in particular of the operating conditions for the meter, including flowrate range, temperature range and relative pressure range of the water or waste water to be metered.

(3) Where, following testing pursuant to the Metrology Acts 1980 to 1998 or any relevant instrument or regulations specified in subsection (2), it is determined that a meter has failed to record correctly the volume of water supplied, or of waste water discharged, then a water services authority may estimate usage on the basis of historical data, and any amount of charges which are found to be outstanding on the basis of such estimate may be recovered by the water services authority from the person to whom the water services were provided.

(4) Subject to subsection (2), the Minister may make regulations in relation to the provision of a meter.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may provide for all or any of the following matters:

(a) responsibility of the consumer for the safe custody of a meter, and any piping or ancillary fittings belonging to a water services authority;

(b) rental of meters;

(c) taking of meter readings;

(d) estimation of usage on the basis of historical data;

(e) any incidental or ancillary matters.

(6) A person commits an offence if he or she—

(a) fails to comply with a requirement under subsection (1)(a)(iv) or (v),

(b) contravenes subsection (2), or

(c) contravenes a regulation made under subsection (4) which is stated to be a penal regulation.