No. 18/1995:

LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Charge for supply of water for domestic purposes.

3 Limitation on discontinuance of supply of water for domestic purposes.

4 Costs and expenses of sanitary authority.

5 Jurisdiction of District Court.

6 Records.

7 Short title, collective citation and construction.

SCHEDULE

AN ACT TO PROVIDE FOR THE DELIMITATION OF THE POWERS OF SANITARY AUTHORITIES TO DISCONTINUE DOMESTIC WATER SUPPLIES FOR NON PAYMENT OF CHARGES AND FOR RELATED MATTERS.

[18th July, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1962" means the Local Government (Sanitary Services) Act, 1962 ;

"authorised person" means a person who is appointed in writing by a sanitary authority to be an authorised person for the purposes of this Act;

"consumer" means the occupier of premises for which a supply of water for domestic purposes is provided or, where the premises are either unoccupied or are not owned by a local authority and comprise more than one dwelling, the owner of the premises;

"the Court" means the District Court;

"section 65A of the Act of 1878" means the section inserted by section 7 of the Act of 1962 into the Public Health (Ireland) Act, 1878, and amended by section 8 of the Local Government (Financial Provisions) (No. 2) Act, 1983 ;

"water discontinuance order" means an order under section 3 of this Act.

2.—(1) Subsection (6) of section 65A of the Act of 1878 shall not apply to a charge for the supply of water for domestic purposes.

(2) A charge under section 65A of the Act of 1878 in respect of a supply of water for domestic purposes shall be paid by and recoverable from the consumer.

3.—(1) Subsection (9) of section 65A of the Act of 1878 shall not apply to the recovery of a charge for water for domestic purposes.

(2) A sanitary authority may discontinue a supply of water for domestic purposes in respect of which—

( a ) a charge remains wholly or partly unpaid, or

( b ) there has been default on payment due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940,

if it has been authorised to do so by order of the Court.

(3) An order under subsection (2) of this section shall not be granted unless the Court is satisfied that—

( a ) in the case of default in payment to which paragraph (a) of that subsection relates, all the conditions set out in the Schedule to this Act have been complied with, whether before or after the commencement of this Act, and

( b ) the default in payment by the consumer was not due to hardship.

(4) In considering whether or not to grant an order under subsection (2) of this section, the Court shall have regard to the personal and household circumstances of the consumer.

(5) A sanitary authority shall not discontinue a supply of water for domestic purposes in respect of which a charge remains wholly or partly unpaid in any case where the sanitary authority has waived all or portion of the charge in respect of such supply of water in accordance with section 65A (3) of the Act of 1878.

(6) In proceedings before the Court for a water discontinuance order, prima facie evidence may be given by the sanitary authority as to any of the matters set out in the Schedule to this Act by production of a statement in writing by an authorised person.

4.—(1) Where the Court grants a water discontinuance order it shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the consumer to pay to the sanitary authority the costs and expenses, measured by the Court, incurred by the sanitary authority in, and incidental to, its application for a water discontinuance order.

(2) Where a supply of water is disconnected pursuant to a water discontinuance order the cost of reconnection shall be payable by the consumer and such cost shall include the cost of discontinuance.

(3) Where a supply of water has been discontinued pursuant to a water discontinuance order, the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge for a supply of water for domestic purposes under section 65A of the Act of 1878.

5.—The jurisdiction of the Court under this Act shall be exercised by a judge of the Court for the time being assigned to the district court district in which the supply of water for domestic purposes is provided to the consumer by the sanitary authority.

6.—(1) ( a ) A sanitary authority may establish and maintain records for the purposes of this Act.

( b ) Records referred to in paragraph (a) may be established and maintained in a form that is not legible if it is capable of being converted into a legible form.

(2) In any proceedings a certificate signed by an authorised person and containing information stated to be taken from records maintained by the sanitary authority under this section shall be admissible as evidence of the facts stated in the certificate.

(3) In any proceedings a document purporting to be a certificate under subsection (2) shall be deemed to be such a certificate and to have been signed by an authorised person unless the contrary is shown.

7.—(1) This Act may be cited as the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .

(2) The Local Government (Sanitary Services) Acts, 1878 to 1962, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1995, and shall be construed together as one.

Section 3.

SCHEDULE

CONDITIONS FOR DISCONTINUANCE OF SUPPLY OF WATER FOR DOMESTIC PURPOSES

1. Before making an application to the Court for a water discontinuance order a sanitary authority shall—

( a ) send to the consumer a demand (the "initial demand") in writing in respect of a charge for the supply of water for domestic purposes which shall indicate:

(i) the amount of the charge, and

(ii) the date by which the charge is liable to be paid,

and

( b ) where, following the sending of the initial demand, a charge has not been paid in full after it has become payable, send at least two further demands in writing ("reminders") to the consumer and—

(i) following, or in conjunction with, the sending of reminders, send notification in writing ("warning notice") to the consumer on at least two occasions, ensuring that a period of at least fourteen days has elapsed between the sending of the first such warning notice and the second such warning notice, that, where the charge remains unpaid, the sanitary authority may apply to the Court for a water discontinuance order, and

(ii) following the sending of warning notices, secure the delivery to the consumer of, or send by post in a prepaid registered letter to the consumer, a notice in writing (the "final notice") that the sanitary authority intends to apply to the Court for a water discontinuance order.

2. The initial demand, reminders, warning notices and final notice shall be addressed to the consumer at the address in respect of which the supply of water is provided or, in a case in which an address for service has been furnished, at that address.

3. Where the name of the consumer cannot be ascertained by reasonable inquiry, the initial demand, reminders, warning notices or the final notice may be addressed to "the consumer" without naming the consumer.

ACTS REFERRED TO