Water Services (No. 2) Act 2013
Number 50 of 2013
WATER SERVICES (NO. 2) ACT 2013
REVISED
Updated to 1 January 2023
This Revised Act is an administrative consolidation of the Water Services (No. 2) Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including the Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 50 of 2013
WATER SERVICES (NO. 2) ACT 2013
REVISED
Updated to 1 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Water Services Acts 2007 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Water Services (Amendment) Act 2022 (39/2022), s. 1(2)). The Acts in this group are:
• Water Services Act 2007 (30/2007)
• Water Services (Amendment) Act 2012 (2/2012)
• Water Services Act 2013 (6/2013)
• Water Services (No. 2) Act 2013 (50/2013)
• Water Services Act 2014 (44/2014)
• Environment (Miscellaneous Provisions) Act 2015 (29/2015), Part 10
• Water Services Act 2017 (29/2017)
• Water Services (Amendment) Act 2022 (39/2022)
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Water Services (Amendment) Act 2022 (39/2022)
• Planning and Development (Amendment) Act 2018 (16/2018)
• Water Services Act 2017 (29/2017)
• Environment (Miscellaneous Provisions) Act 2015 (29/2014)
• Water Services Act 2014 (44/2014)
• Fines Act 2010 (8/2010)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2022 (S.I. No. 674 of 2022)
• Irish Water Defined Benefit Superannuation Scheme (S.I. No. 651 of 2022)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2022 (S.I. No. 499 of 2022)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2022 (S.I. No. 300 of 2022)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2021 (S.I. No. 721 of 2021)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2021 (S.I. No. 533 of 2021)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2021 (S.I. No. 319 of 2021)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2020 (S.I. No. 681 of 2020)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2020 (S.I. No. 384 of 2020)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2020 (S.I. No. 166 of 2020)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2019 (S.I. No. 680 of 2019)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2018 (S.I. No. 573 of 2018)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2018 (S.I. No. 297 of 2018)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2017 (S.I. No. 607 of 2017)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 10) Order 2017 (S.I. No. 329 of 2017)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2016 (S.I. No. 335 of 2016)
• Water Services (No. 2) Act 2013 (Commencement) Order 2016 (S.I. No. 41 of 2016)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 9) Order 2015 (S.I. No. 632 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 8) Order 2015 (S.I. No. 509 of 2015)
• Water Services (No. 2) Act 2013 (Other Licences, Authorisations and Permits) Order 2015 (S.I. No. 462 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 7) Order 2015 (S.I. No. 461 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 6) Order 2015 (S.I. No. 319 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 5) Order 2015 (S.I. No. 181 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 4) Order 2015 (S.I. No. 146 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 3) Order 2015 (S.I. No. 112 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) (No. 2) Order 2015 (S.I. No. 111 of 2015)
• Water Services (No. 2) Act 2013 (Property Vesting Day) Order 2015 (S.I. No. 15 of 2015)
• Water Services (No. 2) Act 2013 (Sections 4(2) and 35) Commencement Order 2014 (S.I. No. 548 of 2014)
• Water Services (No. 2) Act 2013 (Commencement) (No. 2) Order 2014 (S.I. No. 422 of 2014)
• Water Services Act (No. 2) 2013 (Transfer of Other Liabilities) Order (No. 2) 2014 (S.I. No. 188 of 2014)
• Water Services Act (No. 2) 2013 (Transfer of Other Liabilities) Order 2014 (S.I. No. 96 of 2014)
• Water Services (No. 2) Act 2013 (Commencement) Order 2014 (S.I. No. 76 of 2014)
• Water Services (No. 2) Act 2013 (Transfer Day) Order 2013 (S.I. No. 576 of 2013)
• Water Services (No. 2) Act 2013 (Commencement) Order 2013 (S.I. No. 575 of 2013)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.
Number 50 of 2013
WATER SERVICES (NO. 2) ACT 2013
REVISED
Updated to 1 January 2023
CONTENTS
Preliminary and General
Section
1. Short title, collective citation and commencement
Transfer of Functions, Property and Staff
7. Transfer of functions from water service authorities to Irish Water
8. Transfer of functions under certain other enactments to Irish Water
10. Continuance of certain functions of water service authorities
11. Provisions consequent upon transfer of functions to Irish Water
12. Transfer of property of water services authorities
14. Transfer of other liabilities
15. Liability for loss occurring before relevant day
16. Licences under section 16 of the Local Government (Water Pollution) Act 1977
17. Licences and certificates under certain other enactments
18. Other licences, authorisations and permits
Water Charges
21. Power to charge for water services
23. Agreement in relation to water charges
23A. Registration with Irish Water
Irish Water
25. Memorandum of association and articles of association of Irish Water
29. Payments to Irish Water in respect of superannuation
30. Application of sections 2 and 2A of Financial Emergency Measures in the Public Interest Act 2010
31. Performance of functions by local authorities on behalf of Irish Water
32A. Water services policy statement
33. Water services strategic plan
37. Advances out of Central Fund
Economic Regulation
39. Performance of functions of Commission
40. Advisory role of Commission
43. Information and cooperation
Amendment of Certain Enactments
Acts Referred to
|
(No. 41) |
|
|
Companies Acts |
|
|
(No. 23) |
|
|
Financial Emergency Measures in the Public Interest Act 2010 |
(No. 38) |
|
Financial Emergency Measures in the Public Interest Act 2013 |
(No. 13) |
|
(No. 30) |
|
|
(No. 12) |
|
|
Foreshore Acts 1933 to 2009 |
|
|
(No. 10) |
|
|
(No. 30) |
|
|
(No. 39) |
|
|
(No. 23) |
|
|
Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995 |
(No. 18) |
|
(No. 21) |
|
|
(No. 29) |
|
|
Local Government (Sanitary Services) Acts 1878 to 2001 |
|
|
(No. 1) |
|
|
(No. 11) |
|
|
(No. 37) |
|
|
Minimum Notice and Terms of Employment Acts 1973 to 2005 |
|
|
(No. 20) |
|
|
(No. 30) |
|
|
(No. 45) |
|
|
(c. 52) |
|
|
Redundancy Payments Acts 1967 to 2012 |
|
|
(No. 14) |
|
|
Unfair Dismissals Acts 1977 to 2007 |
|
|
(No. 10) |
|
|
(No. 30) |
|
|
(No. 6) |
|
|
Water Services Acts 2007 and 2012 |
Number 50 of 2013
WATER SERVICES (NO. 2) ACT 2013
REVISED
Updated to 1 January 2023
An Act to make provision for, and in relation to, the imposition of charges by Irish Water in respect of the provision by Irish Water of water services; to provide for the transfer, in part, of the functions of water services authorities under the Water Services Act 2007 to Irish Water; to repeal the Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995, certain provisions of the Water Services Act 2013 and, for certain purposes, certain provisions of the Water Services Act 2007; to amend the Water Services Act 2007 and certain other enactments; and to provide for matters connected therewith.
[25th December, 2013]
Be it enacted by the Oireachtas as follows: