92.— (1) In this section “connection” includes, where the context permits, a drain, sewer, distribution system, water main, service connection or any other pipe or related fittings, including manholes, which is or are connected to, or to be connected, to water services, whether directly or indirectly.

(2) (a) In this subsection—

“facilitate” means do, or refrain from doing, as the case may be, such things as are directed in, or which arise from a direction in, a notice under this subsection to enable the water services or drainage of storm water which are the subject of the notice to be provided or put in place;

“premises” includes waterworks or waste water works.

(b) Without prejudice to section 31(19), a water services authority may by notice direct that a person who owns or has control over or uses all or part of—

(i) a connection, or proposed connection, to water services provided by the authority, an authorised provider of water services or any person acting jointly with or on behalf of the authority or authorised provider of water services, or

(ii) a drain that is used, or is capable of being used, for the drainage of storm water to storage facilities or waters,

shall facilitate the provision of specified water services to a specified person or premises, or part of a premises, or the drainage of storm water from a specified premises or part of a premises to storage facilities or to waters through that connection or drain and in accordance with the notice, and that person shall comply with the notice.

(c) Where a notice under paragraph (b) indicates the position of any pipe or related accessories, such position shall be deemed to include any minor modification that is not of any material consequence and which may be carried out in the course of installation.

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(4) Without prejudice to the generality of subsection (2), a notice under that subsection may also include, as appropriate, directions in relation to—

(a) actions to be taken or works to be carried out under the notice,

(b) the proposed route of any new pipe and location of any related accessories specified in the notice,

(c) the location of the junction between the connection or pipe referred to in the notice and the pipe through which water services will subsequently be provided to the person or premises,

(d) standards of workmanship or work practices generally in relation to works carried out under the notice,

(e) technical specifications for any materials or fittings provided for in the notice, and

(f) the latest date for compliance with the notice,

and the notice may include annexed to it such maps or drawings as the water services authority considers appropriate for illustrative purposes, and may specify the person by or on behalf of whom works in accordance with the notice shall be carried out.

(5) A person shall not be regarded as a water services provider for the purposes of this Act solely because of his or her compliance with a notice under subsection (2).

(6) Subsection (2) may not be exercised so as to interfere unreasonably with—

(a) the capacity of the person, to whom a notice is directed, to carry on a business which is connected to the water services, or drained to the storm water storage facilities or waters referred to in the notice, or

(b) in the case of another water services provider, the capacity of that person adequately to provide water services.

(7) (a) A person to whom a notice under subsection (2) is directed shall be entitled to be paid the following costs and compensation, as the case may be, arising from his or her compliance with that notice:

(i) to the extent that he or she has reasonably incurred or will incur them, the cost of works necessary to effect compliance with the notice, or expenses related directly to such compliance;

(ii) compensation determined in accordance with paragraph (b);

(iii) any additional costs, expressed in current prices, already incurred by the person to whom the notice is addressed for the purpose of installing in the first instance a pipe of larger capacity than necessary to meet technical requirements, including minimum technical requirements of a local authority, but only to the extent that the excess capacity will be reduced by the additional connection which is the subject of the notice;

and in determining the amount of compensation payable, regard shall also be had to any grant or subsidy that has been paid or provided in respect of all or any part of the connection.

(b) (i) Where, on a claim made to a water services authority, it is shown that, as a result of any action pursuant to this section in—

(I) placing, renewing or removing any pipe for the purposes of this section, or

(II) affixing any notice,

the value of an interest of any person in the connection or drain referred to in subsection (2) or in any adjacent land existing at the time of the action of the water services authority is reduced, or that any person having an interest in such connection, drain or land at that time has suffered damage by being disturbed in his or her enjoyment or use of it arising from compliance with the notice, then that person shall be entitled to claim compensation in the amount of the reduction in value or the amount of the damage, and such a claim shall be determined as if it were a claim for compensation under section 199 of the Act of 2000.

(ii) The provisions of Chapter 1 of Part XII of the Act of 2000 shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if—

(I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section,

(II) references to section 199 were references to this subsection,

(III) the reference to section 182 was a reference to this section,

and subject to any other necessary modifications.

(c) Subject to paragraph (d), the costs and compensation referred to in paragraph (a) shall be met in full by any person for whom a connection to water services or the drainage of storm water to storage facilities or waters is facilitated by the issue of the notice.

(d) A water services authority which issues a notice under subsection (2) may, at its sole discretion, contribute towards related costs and compensation referred to in paragraph (a), to such extent, if any, as it considers appropriate, and may carry out such related works as it considers appropriate.

(8) (a) Where a notice under subsection (2) is directed at a person who owns or controls all or part of a relevant connection or drain, or proposed connection or drain, that person may, within 28 days of the date of the notice, appeal to the High Court in relation to the notice.

(b) Where a notice under subsection (2) is directed at a user of all or part of a relevant connection or drain, that person, and in addition any person who claims to be the owner or to have control over the connection or drain and who satisfies the Court in relation to proof of such ownership or control, may within 28 days of the date of the notice appeal to the High Court in relation to the notice.

(c) Paragraph (a) or (b) shall not apply to provisions in subsection (7) in relation to costs.

(9) On hearing an appeal under subsection (8), the High Court may, by order, as it thinks proper—

(a) confirm the notice, with or without variation, or

(b) set the notice aside.

(10) The determination by the High Court of an appeal under subsection (8) shall be final, and no appeal shall lie from the decision of the Court to the Supreme Court save with the leave of the High Court, which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance, and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. If such an appeal is taken the Supreme Court shall have jurisdiction to determine only the point of law certified by the High Court.

(11) Subsection (10) does not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(12) (a) The High Court shall, in determining an appeal under subsection (8) act as expeditiously as possible consistent with the administration of justice.

(b) The Supreme Court shall, in determining an appeal from a determination of the High Court under subsection (9), act as expeditiously as possible consistent with the administration of justice.

(c) Rules of court may make provision for the expeditious hearing of appeals under this section.

(13) The notice under subsection (2) shall be enforceable in accordance with this Act—

(a) in case an appeal is not brought against it, upon the expiration of the period referred to in subsection (8),

(b) in case an appeal is brought against it and the determination of the appeal does not set it aside, upon and in accordance with such determination,

(c) in case an appeal is brought against it and the appeal is withdrawn, upon withdrawal of the appeal, or the expiration of the period referred to in subsection (8), whichever is the later,

and the water services authority which issued the notice, or an authorised person acting on its behalf, or such other person specified in the notice or his or her servant or agent, may enter any relevant land and carry out all necessary works for the purposes of enforcing the notice.

(14) Responsibility for the maintenance, repair or renewal of any pipes and accessories connecting the junction referred to in subsection (4) (c) and the premises for which the provision of water services is facilitated by the notice under subsection (2) shall remain with the owner of that premises, until such time as the water services authority which issued the notice, at its discretion, takes them into its charge.

(15) (a) Subject to paragraph (b), any dispute between a person to whom a notice under subsection (2) is addressed and the water services authority which issued it in relation to the calculation of costs or compensation for the purposes of subsection (7) may be referred by either party to an agreed arbitrator, as if such referral was in accordance with an arbitration agreement under the Arbitration Acts 1954 to 1998.

(b) In the absence of agreement on choice of an arbitrator for the purposes of paragraph (a), the President of the High Court may, on the application of either party, appoint an arbitrator.

(c) Any decision of an arbitrator appointed under paragraph (a) or (b) made at proceedings held in accordance with the Arbitration Acts 1954 to 1998 as to the calculation of costs or compensation shall be binding and enforceable in accordance with those Acts.

(16) (a) Where on application by a water services authority to the Circuit Court the Court is satisfied that a person has failed to comply with or is obstructing or preventing compliance with a requirement of a notice under this section, whether or not that person has an interest in any pipe or land referred to in the notice, then the Court may by order—

(i) direct that person to comply with the requirement or cease obstructing or preventing compliance with the requirement, and

(ii) make such other provision, including provision in relation to payment of costs, as the Court considers appropriate.

(b) An application under this subsection to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the connection or drain, or any part of it, which is the subject of the application is located, or to be located as the case may be.

(c) An application to the Circuit Court for an order under this subsection shall be by motion, and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

(d) Rules of court may provide for an order under this subsection to be made against a person whose identity is unknown.

(17) (a) The Minister may make regulations for the purposes of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may provide for 1 or more of the following:

(i) the format of a notice under subsection (2);

(ii) procedures for service of a notice under this section;

(iii) inclusion of such additional details in a notice under subsection (2) as required to clarify the actions which are necessary to effect compliance with the notice;

(iv) procedures for calculation of excess capacity under subsection (7)(a)(iii);

(v) procedures or related time limits for referral of a dispute to arbitration under subsection (15);

(vi) related or ancillary matters to any of the foregoing.