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Ireland

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

In short

This law limits the power of local authorities to cut off domestic water supplies if people don't pay their bills. It sets out specific conditions that must be met before a water supply can be disconnected.

What it regulates

  • When a sanitary authority can discontinue a domestic water supply for unpaid charges.
  • The process and conditions a sanitary authority must follow to get court approval for disconnection.
  • The costs and expenses related to water disconnection and reconnection.
  • The jurisdiction of the District Court in these matters.

Who it concerns

  • Consumers (occupiers or owners) of premises receiving a domestic water supply.
  • Sanitary authorities (local government bodies responsible for water services).

Key points

  • A sanitary authority cannot disconnect a domestic water supply for non-payment without a court order.
  • The court will not grant a disconnection order if the non-payment was due to hardship.
  • Before applying to court, the sanitary authority must send an initial demand, at least two reminders, at least two warning notices (with at least 14 days between them), and a final notice to the consumer.
  • If a water supply is disconnected, the consumer must pay the cost of reconnection, which includes the cost of discontinuance.
Legal text
Legal text

Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1995 Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 18 of 1995 LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995 ARRANGEMENT OF SECTIONS Section 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 Number 18 of 1995 LOCAL GOVERNMENT (DELIMITATION OF WATER SUPPLY DISCONNECTION POWERS) ACT, 1995 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: Interpretation. 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. Charge for supply of water for domestic purposes. 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. Limitation on discontinuance of supply of water for domestic purposes. 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— (
  1. a)a charge remains wholly or partly unpaid, or (
  2. 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— (
  1. a)in the case of default in payment to which paragraph (
  2. 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 (
  3. 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. Costs and expenses of sanitary authority. 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. Jurisdiction of District Court. 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. Records. 6.—
(1)(
  1. a)A sanitary authority may establish and maintain records for the purposes of this Act. (
  2. b)Records referred to in paragraph (
  3. 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. Short title, collective citation and construction. 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. SCHEDULE Conditions for Discontinuance of Supply of Water for Domestic Purposes Section 3 . 1. Before making an application to the Court for a water discontinuance order a sanitary authority shall— (
  1. 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: (
  2. i)the amount of the charge, and (
  3. ii)the date by which the charge is liable to be paid, and (
  4. 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— (
  5. 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 (
  6. 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 Enforcement of Court Orders Acts, 1926 and 1940 Local Government (Financial Provisions) (No. 2) Act, 1983 1983, No. 21 Local Government (Sanitary Services) Act, 1962 1962, No. 26 Local Government (Sanitary Services) Acts, 1878 to 1962 Public Health (Ireland) Act, 1878 1878, c. 52 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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