S.I. No. 93/1996:

DISTRICT COURT [LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995] RULES, 1995.

DISTRICT COURT [LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995] RULES, 1995.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 and section 34 of the Courts (Supplemental Provisions) Act. 1961, do hereby, with the concurrence of the Minister for Justice, makes the following Rules of Court:

1. These Rules may be cited as the District Court [ Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 ] Rules, 1995.

2. These Rules shall come into operation on the 19th day of April, 1996.

3. In these Rules--

"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 the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .

"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 the Local Goverment (Delimitation of Water Supply Disconnection Powers) Act, 1995.

4. An application by the sanitary authority for an order under section 3 (2) of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 may be made at any sitting of the Court for the court area wherein the supply of water for domestic purposes is provided to the consumer. Notice of such application shall be in the Form 1 in the schedule hereto and shall be served on the respondent by prepaid registered post at least twenty one days prior to the date fixed for hearing the application.

When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the District Court Clerk at least seven days prior to the said date for hearing.

5. The order of the Court granting the application shall be in the Form 2 in Schedule hereto.

SCHEDULE

LOCAL GOVERNMENT (DELIMITATION OF WATER

SUPPLY DISCONNECTION POWERS) ACT, 1995.

NOTICE OF AN APPLICATION FOR AN ORDER UNDER

SECTION 3 (2)

TAKE NOTICE that the above named applicant, being the Sanitary Authority for the supply of water to the respondent at ................................... in the Court Area and District aforesaid, will apply to the District Court sitting at.................................. on the ....................... day of................................. 19.........., for an order pursuant to Section 3 (2) of the above Act, to discontinue a supply of water for domestic purposes in respect of which -- *(a) a charge remains wholly unpaid, *(b) partly unpaid, or *(c) there has been default on payment due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940.

*Delete words inapplicable.

above named Respondent.

LOCAL GOVERNMENT (DELIMITATION OF WATER

SUPPLY DISCONNECTION POWERS) ACT, 1995.

ORDER TO DISCONTINUE A SUPPLY OF WATER FOR

DOMESTIC PURPOSES.

*Delete words inapplicable.

UPON HEARING an application to this Court on the ................................... day of ........................................ 19..........., by the above named Applicant who is the sanitary authority for the supply of water for domestic purposes to the above named respondent, *the owner, *the occupier of premises at .........................................., in the Court Area and District aforesaid for an order pursuant to section 3 (2) of the above mentioned Act.

AND THE COURT being satisfied

*that a charge remains wholly unpaid,

*that a charge remains partly unpaid,

*that there has been default on payments due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940 said instalment order having been served on the ...................................that all the conditions set out in the Schedule to the Act have been complied with whether before or after the commencement of the Act, that the sanitary authority has not waived all or portion of a charge in respect of such supply of water in accordance with section 65A (3) of the Act of 1878, as inserted by section 7 of the Local Government (Sanitary Services) Act, 1962 ,

that notice of this application was served on the respondent,

that the default in payment of the charge by the consumer was not due to hardship.

AND HAVING considered the personal and household circumstances of the respondent.

THE COURT HEREBY AUTHORISES the sanitary authority to discontinue the supply of water for domestic purposes to the premises at ..................................................

AND THE COURT FURTHER ORDERS that the respondent shall pay to the applicant the sum of £.......... being the costs and expenses, measured by this Court, incurred by the applicant in and incidental to, its application for this order, there being no special and substantial reasons for not doing so.

GIVEN this 6th day of November, 1995.

Peter Smithwick, Chairman

John G. Caravan

John P. Clifford

Gillian Hussey

John P. Brophy

Gerard Griffin

Deirdre M. Kennedy

Diarmaid Mac Diarmada

I concur in the making of the above Rules.

Dated the 11th day of April 1996.

NORA OWEN,

Minister for Justice.

EXPLANATORY NOTE.

These Rules prescribe the procedure to be followed and the forms to be used by a Sanitary Authority in making applications to the Court for an Order to discontinue a supply of water for domestic purposes under section 3 (2) of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .