Water Services Act 2017

• Jurisdiction: Ireland
• Citation: IR No. 29/2017

Number 29of 2017
WATER SERVICES ACT 2017 >
CONTENTS
PART 1
Preliminary and General
1. Short title, collective citation and commencement
2. Definitions
3. Expenses
4. Orders and regulations
5. Repeals and revocations
PART 2
Amendment of Water Services Act 2007
6. Amendment of section 2 of Act of 2007
7. Amendment of section 16 of Act of 2007
8. Review by Commission of rate of demand for water services provided to dwellings
9. Threshold amount and allowance amount
10. Provision of water services exceeding threshold amount
11. Notice of provision of water services exceeding threshold amount
12. Allowance for household size
13. Exemption where certain medical need
PART 3
Amendment of Water Services (No. 2) Act 2013
14. Amendment of section 2 of No. 2 Act of 2013
15. Amendment of section 21 of No. 2 Act of 2013
16. Amendment of section 22 of No. 2 Act of 2013
17. Amendment of section 32 of No. 2 Act of 2013
18. Water services policy statement
19. Strategic funding plan
20. Amendment of section 36 of No. 2 Act of 2013
PART 4
Amendment of Water Services Act 2014
21. No liability in respect of certain charges
22. Refunds
23. Customer dispute resolution: connection to, and use of, public water system
PART 5
Water Forum
Chapter 1
Establishment of Water Forum
24. Establishment day for Part 5
25. Establishment of Water Forum
26. Functions of Forum
27. Membership of Forum
28. Removal or resignation of member of Forum
Chapter 2
Operation of Water Forum
29. Chairperson of Forum
30. Chairing of meetings of Forum
Chapter 3
Administration and reporting
31. Grants to Forum
32. Annual report of Forum
PART 6
Dissolutions and Transfer of Functions
33. Definition
34. Dissolutions
35. Transfer of functions
36. References in enactments
37. Transfer of land and other property to Forum
38. Transfer of rights and liabilities, and continuation of leases, licences and permissions to Forum
39. Liability for loss occurring before establishment day
40. Provisions consequent upon transfer of functions, assets and liabilities to Forum
41. Records of dissolved bodies
PART 7
Water Advisory Body
42. Establishment day for Part 7
43. Establishment of Water Advisory Body
44. Functions of Advisory Body
45. Membership of Advisory Body
46. Chairperson of Advisory Body
47. Term of office of members
48. Resignation of member
49. Membership of either House of Oireachtas, European Parliament or local authority
50. Meetings and procedures of Advisory Body
51. Declaration of interests
52. Grants to Advisory Body and other support
53. Annual report of Advisory Body
PART 8
Miscellaneous Amendments relating to Finance
54. Transfer of local property tax to the Local Government Fund
55. Amendment of section 2 of Act of 1998
56. Amendment of section 4 of Act of 1998
57. Amendment of section 5 of Act of 1998
58. Amendment of section 6 of Act of 1998
59. Amendment of section 7 of Act of 1998
PART 9
Transitional Provision and Miscellaneous Amendments
60. Transitional matters affecting section 22 of No. 2 Act of 2013
61. Amendment of Valuation Act 2001
62. Amendment of section 70B of Act of 2007
Acts Referred to
Environmental Protection Agency Act 1992 (No. 7)
Ethics in Public Office Act 1995 (No. 22)
European Parliament Elections Act 1997 (No. 2)
Finance (Local Property Tax) Act 2012 (No. 52)
Fire Services Act 1981 (No. 30)
Freedom of Information Act 2014 (No. 30)
Local Government Act 1998 (No. 16)
Local Government Act 2001 (No. 37)
Taxes Consolidation Act 1997 (No. 39)
Valuation Act 2001 (No. 13)
Water Services (No. 2) Act 2013 (No. 50)
Water Services Act 2007 (No. 30)
Water Services Act 2013 (No. 6)
Water Services Act 2014 (No. 44)
Water Services Acts 2007 to 2015
Number 29 of 2017
WATER SERVICES ACT 2017
An Act to provide for discontinuing and extinguishing liabilities in respect of charges imposed by Irish Water for the provision of water services to a dwelling; for refund of certain payments made in respect of charges so imposed; for setting a threshold amount; for liability to pay for provision by Irish Water of water services exceeding the threshold amount to a dwelling; for allowances and exemptions from that liability in certain circumstances; for funding for Irish Water; for establishment of a body to be known in the Irish language as An Fóram Uisce or in the English language as the Water Forum; for establishment of a body to be known in the Irish language as An Comhlacht Comhairleach Uisce or in the English language as the Water Advisory Body; for amending arrangements in relation to the Local Government Fund; for those purposes to amend the Local Government Act 1998 , the Valuation Act 2001 , the Water Services Act 2007 , the Water Services (No. 2) Act 2013 and the Water Services Act 2014 ; and to provide for matters connected therewith.
[17th November , 2017]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, collective citation and commencement
1. (1) This Act may be cited as the Water Services Act 2017.
	(2) The Water Services Acts 2007 to 2015 and this Act may be cited together as the Water Services Acts 2007 to 2017.
	(3) This Act, other than the provisions referred to in section 5 (3), shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions and for the repeal of different Acts or provisions of them, and the revocation of different statutory instruments or provisions of them, effected by section 5 .
		Definitions
2. In this Act—
	“Act of 1998” means the Local Government Act 1998 ;
	“Act of 2001” means the Local Government Act 2001 ;
	“Act of 2007” means the Water Services Act 2007 ;
	“Act of 2014” means the Water Services Act 2014 ;
	“Advisory Body” has the meaning assigned to it by section 43 ;
	“Agency” means the Environmental Protection Agency;
	“Commission” means—
	(a) before 2 October 2017, the Commission for Energy Regulation, and
	(b) by virtue of the Change of Name of Commission for Energy Regulation to Commission for Regulation of Utilities (Appointed Day) Order 2017 ( S.I. No. 397 of 2017 ), on and from 2 October 2017, the Commission for Regulation of Utilities;
	“dissolved bodies” has the meaning assigned to it by section 34 ;
	“Forum” has the meaning assigned to it by section 25 ;
	“local authority” has the meaning assigned to it by the Act of 2001;
	“Minister” means the Minister for Housing, Planning and Local Government;
	“No. 2 Act of 2013” means the Water Services (No. 2) Act 2013 .
		Expenses
3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
		Orders and regulations
4. Every order (other than an order under section 1 (3), 24 or 42 ) and regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
		Repeals and revocations
5. (1) The following are repealed:
	(a) section 75 of the Act of 2007;
	(b) the following provisions of the Act of 2014:
	(i) subsections (3) to (15) and paragraph (a) of subsection (16) of section 3;
	(ii) section 3A;
	(iii) section 4;
	(iv) section 7.
	(2) The following are revoked:
	(a) the National Rural Water Services Committee Regulations 2008 ( S.I. No. 510 of 2008 );
	(b) the Water Services Act 2014 (Public Water Forum) Regulations 2015 ( S.I. No. 234 of 2015 );
	(c) the Water Services Act 2014 (Public Water Forum) (Amendment) Regulations 2015 ( S.I. No. 405 of 2015 ).
	(3)Subsections (1)(a), (2) and this subsection shall come into operation on the establishment day referred to in section 24 .
PART 2 Amendment of Water Services Act 2007
		Amendment of section 2 of Act of 2007
6. Section 2(1) of the Act of 2007 is amended by the insertion of the following definitions:
	“ ‘allowance amount’ means the allowance specified by order under subsection (1)(b) or (4)(b) of section 53B (inserted by section 9 of the Water Services Act 2017);
	‘average rate’ has the meaning assigned to it by section 53A (inserted by section 8 of the Water Services Act 2017);
	‘Commission’ means—
	(a) before 2 October 2017, the Commission for Energy Regulation, and
	(b) by virtue of the Change of Name of Commission for Energy Regulation to Commission for Regulation of Utilities (Appointed Day) Order 2017 ( S.I. No. 397 of 2017 ), on and from 2 October 2017, the Commission for Regulation of Utilities;
	‘customer’ has the meaning assigned to it by the Water Services (No. 2) Act 2013 ;
	‘dwelling’ means a premises occupied by a person as his or her place of private residence (whether or not as his or her principal private residence);
	‘recommended allowance’ has the meaning assigned to it by section 53A (inserted by section 8 of the Water Services Act 2017);
	‘threshold amount’ means the threshold amount specified by order under subsection (1)(a) or (4)(a) of section 53B (inserted by section 9 of the Water Services Act 2017);”.
		Amendment of section 16 of Act of 2007
7. Section 16 of the Act of 2007 is amended—

...