Water Services (No. 2) Act 2013

34

Investment plans

34. (1) Irish Water shall—

(a) not later than 4 weeks after the transfer day, and

(b) before the end of the year in which the most recent investment plan expires,

make a plan (in this Act referred to as an “investment plan”) in accordance with this section.

(2) The investment plan first made after the transfer day shall apply in respect of the period commencing on the date of the making of the plan and ending on 31 December 2015.

(3) Each investment plan made subsequent to the investment plan first made after the transfer day shall apply in respect of such period as the Commission determines.

(4) An investment plan shall set out and particularise the investment in water services infrastructure that Irish Water considers necessary for the effective performance by it of its functions.

(5) Irish Water shall, in making an investment plan, take account of—

(a) the water services strategic plan,

(b) any river basin management plans under regulation 13 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003) for the time being in force,

F36[(c) any local area plans continued in force under section 81 of the Act of 2024 or any urban area plan, priority area plan or coordinated area plan under Chapter 6 of Part 3 of the Act of 2024 for the time being in force,

(d) any development plans within the meaning of the Act of 2024,]

F37[(e) any regional spatial and economic strategy, and]

(f) any strategic development zones within the meaning of Part IX of the Act of 2000 to which the plan relates.

(6) Irish Water shall, before preparing an investment plan, consult with—

(a) the Agency,

(b) each regional body in respect of whose functional area the investment plan is likely to apply, and

(c) each planning authority in respect of whose functional area the investment plan is likely to apply.

(7) Irish Water shall, for the purposes of enabling the Minister to make a decision in relation to the making of a grant under section 36, provide the Minister with the most recent investment plan.

(8) Irish Water shall, when submitting a water charges plan to the Commission under section 22, provide the Commission with the most recent investment plan.

(9) Irish Water shall, as soon as practicable after the approval of a water charges plan under section 22, provide a copy of the most recent investment plan to each regional body and each planning authority in respect of whose functional area the investment plan applies.

(10) In this section “functional area” has, in relation to a planning authority, the same meaning as it has in the Act of 2000.

Annotations

Amendments:

F36

Substituted (31.12.2025) by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 40, S.I. No. 633 of 2025, art. 3(3) and sch. part 3 item 10(c), (d).

F37

Substituted (2.10.2025) by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 40, S.I. No. 452 of 2025, art. 3(3) and sch. part 3 item 7(d).

F38

Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 40, not commenced as of date of revision.

Modifications (not altering text):

C10

Prospective affecting provision: subss. (5)(f) substituted, (10) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 40, not commenced as of date of revision.

F38[(f) any strategic development zones within the meaning of the Act of 2024, any urban development zones within the meaning of that Act and any candidate UDZ within the meaning of Part 22 of that Act to which the plan relates.]

...

(10) In this section “functional area” has, in relation to a planning authority, the same meaning as it has in F38[section 2 of the Act of 2024].