Water Services (No. 2) Act 2013
Liability for loss occurring before relevant day
15. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the relevant day of any of the functions of a water services authority transferred by this Act shall on and after that day, lie against Irish Water and not against the water services authority.
(2) Any legal proceedings pending immediately before the relevant day to which a water services authority is a party arising out of the performance of any of the functions of a water services authority transferred by this Act, shall be continued, with the substitution in the proceedings of Irish Water, in so far as they so relate, for the water services authority.
(3) Where, before the relevant day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against a water services authority, be enforceable against Irish Water and not the water services authority.
(4) Any claim made or proper to be made by a water services authority in respect of any loss or injury arising from the act or default of any person before the relevant day arising out of the performance of any of the functions of a water services authority transferred by this Act, shall be regarded as having been made by or proper to be made by Irish Water and may be pursued and sued for by Irish Water as if the loss or injury had been suffered by Irish Water.
(5) This section shall—
(a) not apply to a claim for damages in respect of a wrong within the meaning of the Civil Liability Act 1961,
(b) not apply to proceedings brought for the sole purpose of recovering damages, in respect of such a wrong,
(c) in the case of proceedings in respect of such a wrong that are brought for the purpose of recovering damages and other relief, not apply to that part of the proceedings that relates to the recovery of damages, or
(d) not apply to any settlement of a claim or proceedings in so far as it imposes an obligation on a water services authority to make a payment or payments to any person.
(6) In this section “relevant day” means—
(a) in relation to a claim or proceedings in respect of land or other property transferred to Irish Water under section 12 or any contract or commitment relating thereto, the property vesting day appointed for the purpose of the transfer of that land or property,
(b) in relation to a claim or proceedings in respect of a contract or commitment designated under section 14, the day appointed under that section in respect of the contract or commitment,
(c) in relation to a claim or proceedings in respect of the terms and conditions of employment of a member of the staff of a water services authority who—
(i) has been accepted into the employment of Irish Water under section 19, or
(ii) has been appointed to be a member of staff of Irish Water under section 27, the employment transfer day applicable to that member of staff,
(d) in relation to any other claim or proceedings, other than a claim or proceedings in respect of—
(i) any land or other property owned by a water services authority,
(ii) any contract or commitment entered into by a water services authority, or
(iii) the terms and conditions of employment of any member of the staff of a water services authority,
the transfer day.