Water Services Act 2007
Determination of an activity as a licensable water services activity.
80.— (1) A water services authority may, on or after such date as may be prescribed, determine that a particular activity constitutes the provision of water services to another person for which a water services licence is required under section 79.
(2) If an application for a water services licence has not been received in respect of an activity for which a determination has been made by a water services authority under subsection (1), the water services authority may, by notice, require that person who it considers to be providing the said water services to apply for such licence, and that person shall apply for a licence within one month of the notice taking effect.
(3) The person to whom a notice under subsection (2) is addressed may, within 21 days from the date of issue of the notice, appeal to the District Court against the requirement to apply for a water services licence, on the grounds that he or she is not providing such water services to another person or that the activity to which the notice refers does not constitute the provision of water services for which a water services licence is required under section 79.
(4) On the hearing of an appeal under this section the District Court may confirm or annul the requirement to apply for a water services licence.
(5) A notice under this section shall take effect—
(a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,
(b) in case an appeal is taken and is not so withdrawn, within 1 month of the appeal subsequently being withdrawn or determined, but only if the determination by the District Court does not annul the requirement to apply for a water services licence.
(6) A person who fails to comply with a notice under subsection (2) commits an offence.