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30 2007

Water Services Act 2007

PART 2

General Functions

General functions of Minister.

30.— (1) It shall be the general duty of the Minister to facilitate the provision of safe and efficient—

(a) water services, and

(b) water services infrastructure,

in accordance with relevant requirements of the Directives specified in section 5 in order to contribute to sustainable social and economic development and for that purpose the Minister shall have overall responsibility for the following:

(i) subject to section 58A (inserted by the Water Services Act 2007) of the Act of 1992, the supervision and monitoring of the performance by water services authorities of their functions under this Act;

(ii) the planning and supervision of investment programmes for the provision of water services; and

(iii) such other functions in relation to water services as may be prescribed.

(2) The Minister may make regulations for the purposes of subsection (1).

(3) When carrying out his or her functions under this Act, the Minister shall have regard to and take full account of:

(a) the principle of recovery of the costs of water services as provided for in Article 9 of the EU Water Framework Directive;

(b) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders made under the Act of 2000;

(c) the National Spatial Strategy 2002 to 2020 published on 28 November 2002, and any revision or replacement of it;

(d) relevant information or advice given, or recommendations or reports made or criteria, procedures or codes of practice specified or published or licences, permits or authorisations granted by the Agency;

(e) relevant waste management plans under the Act of 1996;

(f) relevant water quality management plans made under the Local Government (Water Pollution) Acts 1977 to 2007;

(g) relevant river basin management plans or programmes of measures under the EU Water Framework Directive;

(h) water services strategic plans under section 36 ;

(i) rural water services strategic plans under section 77 ; and

(j) such other plans, strategies, guidelines or any other thing which may be prescribed.

(4) For the purposes of subsection (1), the Minister may—

(a) provide guidance to water services authorities in relation to—

(i) the performance generally by water services authorities of their functions under this Act, including their functions in relation to drinking water quality,

(ii) the preparation, content, or scope of water services strategic plans,

(iii) best practice in the planning, procurement, management or operation of water services infrastructure,

(iv) the management and control of agreements entered into by water services authorities for the design, provision or operation of waterworks or waste water works, or for the provision of water services either jointly or on their behalf,

(b) monitor and compare the performance of water services authorities in carrying out their functions,

(c) publish such reports in relation to the provision of water services generally, including reports on the efficiency and effectiveness of investment in water services, as he or she considers appropriate,

(d) specify standards, or issue guidelines, codes of practice or directions in relation to the provision of water services (including in relation to pricing mechanisms and procurement),

(e) give information or advice to a water services authority, water services authorities generally, or any person in relation to water services, including asset management,

(f) assess reports on tenders submitted by water services authorities, whether above a threshold to be prescribed or at the discretion of the Minister, and grant or refuse approval to water services authorities to award contracts,

(g) develop, arrange for the development of, or monitor programmes, information systems and databases in relation to water services,

(h) provide such general support and assistance to water services authorities in relation to the performance of their functions as he or she considers necessary and feasible,

(i) direct a water services authority in relation to the—

(i) drawing up or implementation of programmes to fulfil targets set out in water services strategic plans,

(ii) acquisition of land for the purposes of its functions under this Act,

(iii) preparation of, or arrangement for the preparation of, designs for specified construction or improvement work,

(iv) preparation and submission of tenders for approval,

(v) entering into contracts for, or undertaking of, specified construction or maintenance works,

(vi) preparation or arrangement for the preparation of a programme of maintenance works,

(vii) procurement of water services infrastructure or the management and control of agreements for the design, provision or operation of waterworks or waste water works, or related matters,

(viii) monitoring or inspection of drinking water, waste water discharges or the operations and management of water services providers, including procedures generally for this purpose, follow-up action where monitoring results indicate a failure to meet specified standards, remedial measures to be taken, provision of public information and advice, and such restriction of services as may be necessary for the protection of human health and the environment,

(ix) format and content of records and reports,

(x) licensing of a water services provider,

(xi) management and operational practice, or

(xii) performance of its functions generally,

and this paragraph shall neither be construed nor operate to enable the Minister to direct the provision of water services to an individual household or person,

(j) examine or inspect, as the case may be, such records, plant, equipment, machinery, works, systems and pipes as he or she considers necessary, and examine and assess the management and operational practices of a water services authority, or a licence holder under this Act, or their agent or partner,

(k) seek information or data from any person whom he or she considers to have such information or data, or

(l) do any other thing which arises out of, or is consequential to, or is necessary or expedient for the purposes of the performance of his or her functions or is ancillary thereto.

(5) Each water services authority shall take such measures as are necessary to comply with a direction issued to it by the Minister.

(6) Any person in possession of information or data sought by the Minister under paragraph (k) of subsection (4) shall furnish it to the Minister on request.

(7) (a) If, during the course of his or her investigations for the purposes of this section, the Minister is satisfied that—

(i) a water services authority, or a person acting on its behalf, is not in compliance with a prescribed performance or quality standard, or its management and operational standards are inadequate, or

(ii) a water services authority or any prescribed person is not performing any of its functions in relation to water services in a satisfactory manner,

then the Minister may issue a notice (in this section referred to as a “compliance notice”) specifying corrective action required to be taken by the water services authority or prescribed person in a specified period. The water services authority or prescribed person shall take the action specified in the compliance notice within the period specified in the compliance notice.

(b) A person who fails to comply with a compliance notice within the specified period, commits an offence.

(8) The Minister may make regulations for the purposes of subsection (7), without prejudice to the generality of which, may provide for public notification and consultation procedures and general requirements in relation to the service of a compliance notice.

(9) (a) The Minister may from time to time—

(i) appoint such and so many committees as he or she thinks proper, and may, subject to retaining overall responsibility and accountability, delegate to such committees any functions under this section which, in his or her opinion, can more conveniently be performed by that committee,

(ii) appoint one or more consultative groups to provide advice in relation to any of his or her functions,

(iii) provide such resources for a committee or consultative group as may be approved by the Minister for Finance, or

(iv) at his or her discretion, dissolve a committee or consultative group, or vary its membership.

(b) A committee or consultative group appointed under paragraph (a) shall consist of such persons as the Minister thinks proper, and may include persons employed, or engaged as consultants or advisers by, the Minister.

(10) A person who fails to comply with a request under subsection (6) commits an offence.

Powers of a water services authority.

31 .— (1) For the purposes of this section “agglomeration” means an area where there is a population or there are economic activities that are sufficiently concentrated in order for—

(a) urban waste water to be collected and conducted to an urban waste water treatment plant or to a final discharge point, or

(b) treated water to be supplied.

(2) Subject to regulations made under subsection (3), a water services authority may provide water services or supervise the provision of water services by other persons, in accordance with any prescribed standards, for domestic and non-domestic requirements in its functional area, taking full account of the following aspects of public policy, namely:

(a) proper planning and sustainable development in its functional area;

(b) protection of human health and the environment;

(c) relevant regulations and other statutory provisions made by the Minister or the Parliament and Council of the European Union;

(d) relevant regulations made by the Minister for Health and Children;

(e) relevant policy directions issued by the Minister under this Act or any other enactment;

(f) guidance provided or direction made by the Agency;

(g) sustainable management of water resources;

(h) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000;

(i) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 to 2007 for the area to be covered by the water services strategic plan;

(j) a waste management plan under the Act of 1996;

(k) a river basin management plan or a programme of measures under the EU Water Framework Directive; or

(l) such other criteria, standards or procedures as may be prescribed in relation to matters to which paragraphs (a) to (k) apply or as may be directed by the Minister.

(3) The Minister may make regulations to require water services authorities to provide specified water services to specified classes of agglomerations, areas or consumers and these regulations may include provision for—

(a) provision of collection systems for urban waste water,

(b) provision of waste water treatment facilities for urban waste water entering collection facilities,

(c) provision of water supplies, including water treatment facilities,

(d) specification of levels of treatment to be applied, and

(e) specification of exceptions to the application of the regulations.

(4) A water services authority may not provide water services or supervise the provision of water services if doing so is inconsistent with any of the public policy issues specified in subsection (2)(a) to (l).

(5) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , for the purposes of fulfilling all or any of its functions under subsection (2), a water services authority may make arrangements with another person, including entering into an agreement or arrangement with another person in relation to the provision of water services by another person or jointly with it in part or all of its functional area.

(6) Any plant, works, machinery or pipe provided under any arrangement under subsection (5) will be subject to the same obligations and duty of care by owners or occupiers of premises as if it was provided directly by a water services authority.

(7) The Minister may request a water services authority, whether by itself or jointly with another water services authority to provide a particular class of water services to a particular area, and the water services authority, shall comply with such a request.

(8) Notwithstanding subsection (7), a water services authority may require that the provision of water services to any person (other than in the case of water services provided to a household for domestic purposes) shall be subject to that person entering into an agreement with the water services authority under section 32 (1)(k) in relation to reserving or assigning capacity for the provision of water services to that person.

(9) The obligation on a water services authority to comply with a request from the Minister under subsection (7) shall not apply where the water services in question cannot be provided due to climatic conditions or other circumstances beyond the reasonable control of the water services authority.

(10) A water services authority may provide assistance to any water services provider to facilitate the provision of water services.

(11) A water services authority may provide water services outside of its functional area, and for that purpose shall have all the powers and be subject to the same obligations under this Act, as if the services were provided within its functional area.

(12) (a) Notwithstanding any provision of this or any other enactment, a water services authority shall not enter into any agreement or arrangement with another person, other than with a group water services scheme or another water services authority, for the provision of water services jointly with or on behalf of the authority which—

(i) involves or may involve the transfer of the water services authority’s assets or infrastructure, or any part of such assets or infrastructure, to that person, or

(ii) prohibits the transfer to the water services authority of assets or infrastructure, or any part of such assets or infrastructure, provided by the person as part of such agreement.

(b) In this subsection “group water services scheme” means a scheme which provides a private supply of water, or a private waste water collection, treatment or disposal service, to the members of the scheme by means of a common or shared source of supply, or related distribution or collection network.

(13) Subject to any regulations made under section 79 (2) or (3) a person shall not provide water services in the functional area of a water services authority without the agreement of that water services authority.

(14) A water services authority shall take the necessary measures to ensure that, whether through its own actions or the actions of other persons in accordance with its directions or other obligations under this Act, water intended for human consumption in its functional area meets such requirements relating to quality as may be specified in regulations made under section 32 (2).

(15) A water services authority may prohibit or restrict a supply of water, or direct that such supply be restricted or cease to be provided, for the purpose of protecting human health or the environment, and it is an offence not to comply with such a prohibition, restriction or direction.

(16) Two or more water services authorities may, and shall at the request of the Minister, jointly provide, or arrange for the provision of, water services in all or part of their joint or respective areas.

(17) The Minister may make regulations to provide for—

(a) criteria, procedures and standards, including standards in relation to economy, effectiveness and efficiency in the provision of water services,

(b) environmental protection and environmentally sustainable practices in relation to the provision of water services, and

(c) the avoidance of risk to public health, in relation to the operation, management and supervision of water services by water services authorities or such other person as may be prescribed.

(18) The Minister may issue guidelines to a water services authority for the purpose of the performance of its functions under this Act, and the water services authority shall be obliged to comply with them.

(19) A right to water services, which is provided for under, or may be construed from, this section, or any other section under this Act or any other enactment, whether enacted before or after this Act, shall not apply in relation to a premises which is an unauthorised structure, or the use of which constitutes an unauthorised use, under the Act of 2000.

(20) A person who contravenes a regulation made under subsection (17) commits an offence.

General functions of water services authorities in relation to provision of water services.

32 .— (1) A water services authority may, and shall when directed by the Minister, take all necessary measures to ensure compliance with its obligations under section 31 and for the purposes of carrying out its functions under section 31 , whether within or outside its functional area, including—

(a) the abstraction, impoundment, treatment, purchase or supply of water for drinking or any other purpose, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,

(b) the provision, operation or maintenance of sewers and waste water collection and treatment facilities, in accordance with relevant provisions of this Act or any other enactment, or regulations made under this or any other enactment,

(c) the construction or maintenance, or arrangement for the construction and maintenance of, waterworks or waste water works,

(d) the undertaking of such work as is necessary to provide such waterworks or waste water works as may be required,

(e) purchasing or obtaining premises or wayleaves,

(f) the installation and maintenance of meters, or otherwise measuring the volume or rate of flow of water supplies or discharges to waste water works,

(g) monitoring the quality of water supplies at any point or points,

(h) monitoring the quality of waste water at any point or points,

(i) treatment, reuse or disposal of by-products arising from the treatment of water or waste water,

(j) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , entering into an agreement with any person in relation to or for the provision of, whether by that person or jointly with that person, water services in part or all of its functional area or elsewhere as appropriate,

(k) without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , entering into an agreement or arrangement with any person for the provision of water services to that person, including in relation to assigning capacity in a waterworks or reserving capacity in a waste water works for the provision of water services to that person,

(l) authorising, controlling, monitoring or supervising the provision of water services by any other person within its functional area,

(m) carrying out all such surveys, research, analysis, monitoring or undertaking any other action which may be necessary for the purposes of its functions under this section,

(n) the provision of guidance, advice or information to other persons in relation to water services,

(o) entering into such contracts or other arrangements as it considers necessary or expedient for the use, purchase, or lease of any buildings, premises, materials, services, machinery or other apparatus, or

(p) taking waterworks or waste water works provided by other persons in charge.

(2) The Minister may make regulations in relation to the undertaking by a water services authority of any of the functions in subsection (1), or for the provision of water services by an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

(3) Without prejudice to the generality of subsection (2), regulations under this section may make provision for any or all of the following:

(a) drinking water quality and waste water quality standards, including as the case may be, exemption or derogation from such standards in specified circumstances and subject to specified conditions;

(b) duties of persons providing water services;

(c) specifying the points at which compliance with standards under paragraph (a) will be measured, and limiting the obligations placed on any person by regulations under paragraph (a) in relation to the provision of drinking water to a specified quality standard in cases where non-compliance is as a result of defects in the internal distribution system of a premises, or specified classes of premises;

(d) provision of information or advice for the purpose of protecting human health or the environment;

(e) performance standards for the provision of water services;

(f) operational procedures;

(g) asset management planning;

(h) training requirements for staff;

(i) requirements in relation to the monitoring and supervision of water services to establish compliance with prescribed standards, including frequency of monitoring, monitoring standards and monitoring procedures, additional monitoring in specified circumstances, and, appropriate action where monitoring results indicate a failure to meet specified standards, and such action may include the immediate investigation of the cause of the failure, remedial measures to be taken, the provision of public information and advice, such restriction of services as may be necessary for the protection of human health and the environment, and the timescale for undertaking such action;

(j) standard methods of analysis;

(k) laboratory requirements;

(l) record keeping;

(m) supervision and control of the provision of water services and water services infrastructure;

(n) control of the supply of water;

(o) source protection;

(p) water conservation;

(q) the nature and form of any agreement entered into by a water services authority under subsection (1);

(r) measures to facilitate the provision of water supplies for fire-fighting or other public health and safety purposes including the provision of notices to assist in the location of fire hydrants;

(s) requirements to prevent risk to human health from contamination of water intended for human consumption by substances or materials, or associated impurities, in new installations for the treatment or distribution of water;

(t) requirements to ensure the efficiency or effectiveness of treatment systems or disinfection procedures for water, and to limit any residual effects on the quality of water intended for human consumption to specified limits consistent with ensuring fitness for human consumption without compromising the disinfection;

(u) requirements to ensure the efficiency and effectiveness of treatment systems or disinfection procedures for waste water;

(v) provision of adequate and up-to-date information on the quality of water intended for human consumption;

(w) procedures for dealing with consumer complaints;

(x) measures to protect public health or the environment; or

(y) related and ancillary matters.

(4) Measures taken to implement regulations under subsection (2) shall not have the effect of allowing, directly or indirectly, any—

(a) deterioration in the existing quality of water intended for human consumption, or

(b) increase in pollution of waters used for the production of water intended for human consumption.

(5) It is an offence to contravene a regulation made under subsection (2).

(6) Measures taken in relation to failure to meet prescribed drinking water quality standards shall—

(a) be prioritised having regard, amongst other matters, to the extent to which the relevant parametric values have been exceeded and to the potential danger to human health arising, and

(b) in any event, be taken as soon as possible.

(7) Regulations under subsection (2) which provide for exemption of specified supplies from prescribed drinking water quality standards shall provide to the effect that—

(a) the population concerned shall be informed of the exemption, and of any action that can be taken to protect human health from adverse effects resulting from any contamination of the water supply, and

(b) where a potential danger to human health arising from the quality of a relevant water supply is apparent, the population concerned shall be given appropriate advice promptly,

and such regulations may provide for such measures as may be necessary to give full effect to those requirements.

(8) Regulations under subsection (2) which provide for a derogation from prescribed drinking water quality standards shall provide to the effect that—

(a) the population affected shall be informed promptly in an appropriate manner of the derogation and the conditions which govern it, and

(b) where necessary, advice is given to particular population groups for which a derogation could present a special risk,

and such regulations may provide for such measures as may be necessary to give full effect to those requirements.

(9) In so far as regulations under subsection (2) limit the obligation placed on any person in relation to the provision of water for human consumption which meets specified quality standards, such regulations shall provide that where there is nevertheless non-compliance or a risk of non-compliance with such standards, then—

(a) either—

(i) appropriate measures shall be taken to ensure compliance or reduce or eliminate the risk of non-compliance, including advising premises owners affected of any possible remedial action they could take, or

(ii) other measures shall be taken, including appropriate additional treatment in order to change the nature or properties of the water prior to its supply so as to reduce or eliminate the risk of the water not complying with the specified quality standards,

and

(b) the consumers concerned shall be duly informed and advised of any possible additional remedial action which they should take,

and such regulations may provide for such measures as may be necessary to give full effect to those requirements.

(10) Regulations under subsection (2) may provide for their application to any person who, although not providing water services is nevertheless supplying water for human consumption as part of a commercial or public activity in circumstances where that water is from that person’s own private supply and has not been supplied to him or her in the first instance—

(a) by a water services authority,

(b) by an authorised provider of water services,

(c) by a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, or

(d) in bottles or containers,

and references to “water services” in this section may, where the context permits, include such water supplied for human consumption by such persons.

(11) For the purposes of subsections (7) and (8), and notwithstanding section 19 , the population concerned may also be informed by means of—

(a) an advertisement in a newspaper circulating in the area,

(b) an announcement broadcast on a radio or television channel generally available in the area,

(c) an announcement made available on the internet, or

(d) such other manner as the Minister may direct.

(12) In this section “ derogation ” and “ population ” have the same meaning as they have in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption 14 .

Connections to waterworks or waste water works.

33 .— (1) In respect of any connection by a user to a waterworks or waste water works operated by or on behalf of or jointly with a water services authority, the water services authority may, subject to any regulations made under this section, specify any technical requirements necessary to minimise the risk of leakage or to protect the integrity of the waterworks or waste water works.

(2) The Minister may make regulations for the purposes of subsection (1) specifying technical standards.

(3) A person who fails to comply with a technical requirement specified under this section commits an offence.

Guidelines and codes of practice.

34.— The Minister may issue guidelines or codes of practice in relation to the performance of the functions of water services authorities under this Act, or in relation to the provision of water services by any person or in relation to the general duties of other persons to which this Act or regulations under it apply.

Guidelines and codes of practice in criminal proceedings.

35.— (1) Subject to subsection (2), failure on the part of any person to observe any provision of a guideline or a code of practice issued under section 34 shall not of itself render that person liable to any civil or criminal proceedings.

(2) Where in any criminal proceedings a party is alleged to have committed an offence under this Act, being a provision for which there was a guideline or a code of practice at the time of the alleged contravention, subsection (3) shall have effect with respect to that guideline or code of practice in relation to those proceedings.

(3) Any provision of a guideline or code of practice which appears to the court to give practical guidance as to the observance of the requirement or prohibition alleged to have been contravened shall be admissible in evidence; and if it is proved that any act or omission of the defendant alleged to constitute the contravention is a failure to observe such provision of the guideline or code of practice, or if it is proved that any act or omission of the defendant is in compliance with such provision of the guideline or code of practice, then such failure or compliance shall be admissible in evidence.

Water services strategic plan.

36 .— (1) In this section and in sections 37 and 38

“ development plan ” has the same meaning as in section 2 of the Act of 2000;

“ joint plan ” shall be construed in accordance with subsection (4)(a);

“ manager ” has the same meaning as in section 2 of the Act of 2001;

“ prescribed date ” means the date prescribed by the Minister by regulations under subsection (9), on or before which a water services authority is required to make a water services strategic plan;

“ water services strategic plan ” includes, where the context admits, a replacement or revised water services strategic plan, a joint plan, or a sub-plan referred to in subsection (4)(b), and any replacement or revision of such joint plan or sub-plan.

(2) Subject to subsection (4) and any regulations made under this section, each water services authority shall, not later than the prescribed date, make a water services strategic plan with regard to the provision of water services in its functional area.

(3) Subject to subsections (13) and (14), the making, replacement or revision of a water services strategic plan is a reserved function of the members of the authority.

(4) For the purposes of subsection (2)

(a) two or more water services authorities may jointly make a water services strategic plan in relation to all of their combined functional areas, or parts thereof, and

(b) a water services strategic plan may consist of separate sub-plans for the provision of specified water services in all or part of the functional area of the water services authority, or in the case of a joint plan referred to in paragraph (a), the water services authorities concerned,

and the making, review, revision or replacement of such a joint plan or sub-plan shall be subject to the same procedures as if it was a water services strategic plan referred to in subsection (2).

(5) (a) A water services authority, or in the case of a joint plan under subsection (4), the water services authorities concerned, shall review a water services strategic plan made by it or them from time to time as the occasion may require and at least once in every period of 6 years from the date the plan was made by the authority, or such lesser interval as the Minister may direct and, consequent on such a review, make a replacement plan.

(b) A local authority (whether or not acting as a water services authority) shall not, by resolution, under section 139 or 140 of the Act of 2001 or section 179 of the Act of 2000—

(i) give a direction that works not be proceeded with, or

(ii) require any act, matter or thing to be done or effected,

where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a water services strategic plan made by the water services authority, or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 139, 140 or 179, as the case may be, which contravenes this paragraph is void.

(6) In drafting or reviewing a water services strategic plan, the water services authority or water services authorities concerned shall have regard to the proper planning and sustainable development of its or their functional area or areas and in particular shall have regard to the provisions of—

(a) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000,

(b) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 and 1990 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(c) a waste management plan under the Waste Management Acts 1996 to 2003 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(d) a river basin management plan or a programme of measures under the EU Water Framework Directive for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(e) such other plans, strategies or guidelines as may be prescribed, and

(f) any other matter as may be directed by the Minister.

(7) A water services strategic plan shall contain such objectives as seem to the water services authority or water services authorities concerned to be reasonable and necessary—

(a) to protect human health and the environment,

(b) to facilitate the provision of sufficient water services for domestic and non-domestic requirements in the area to which the plan relates, and

(c) to support proper planning and sustainable development, including sustainable use of water resources,

and shall specify such measures or arrangements to be taken or entered into by the water services authority or water services authorities concerned, with a view to securing the objectives of the plan.

(8) Without prejudice to the generality of subsection (7), a water services strategic plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—

(a) drinking water quality,

(b) prevention or abatement of risk to human health or the environment,

(c) current and projected need for water services,

(d) arrangements in place or planned for the provision of water services,

(e) shortfalls in the provision of water services,

(f) water conservation measures in place or planned,

(g) monitoring arrangements, including laboratory facilities,

(h) asset management planning,

(i) income and expenditure, and

(j) any incidental or ancillary matters.

(9) (a) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a water services strategic plan, notification or consultation requirements and procedures or associated time limits, prior to and after its making.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may specify different dates for different water services authorities or classes of water services authorities.

(10) (a) To enable further consideration to be given to the making of a water services strategic plan, a water services authority may apply to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan.

(b) Where an application is made under paragraph (a), the Minister may, based on the reasonable prospect of the authority concerned making a plan by the proposed extended date, grant or refuse the application.

(c) An application under paragraph (a) is a reserved function.

(d) This subsection shall not apply in the case of the making of a revised or replacement plan by the members of a water services authority in accordance with a requirement by the Minister under section 37 (c).

(11) Where a water services authority proposes to make a water services strategic plan which, in the opinion of the manager of the water services authority, would not be appropriate for the reasons stated by him or her, then the manager shall—

(a) inform the members of the water services authority accordingly, giving his or her reasons for forming such opinion, and advise the members that, should the authority proceed to make that plan, the Minister may invoke his or her powers under section 37 (c) to require the authority to revise the plan in such manner as may be specified by the Minister or to replace the plan by a new plan, and

(b) inform the members of the right of the authority to apply to the Minister for an extension under subsection (10) of the prescribed date.

(12) Where it appears to the manager of a water services authority that it is likely that the members of the authority may fail to make a plan by the prescribed date, the prescribed date as extended or the date specified in a requirement by the Minister under section 37 (c), as the case may be, then the manager shall—

(a) advise the members of the authority that if the authority fails to make a plan by—

(i) the prescribed date,

(ii) the prescribed date as extended, or

(iii) the date specified in a requirement by the Minister under section 37 (c),

as the case may be, the members’ functions under this section in relation to the making of the plan will be deemed to have been transferred to the manager in accordance with subsection (13), and

(b) where paragraph (a)(i) applies, inform the members of the right of the authority to apply to the Minister for an extension of the prescribed date under subsection (10).

(13) Subject to subsection (12), where a water services authority—

(a) fails to make a water services strategic plan by the latest date for the making of the plan or the date specified by the Minister under paragraph (c) of section 37 in accordance with the requirements of the Minister under that paragraph, as the case may be, or

(b) having applied to the Minister for an extension of the latest date for the making of the water services plan concerned in accordance with subsection (10), and

(i) the application having been refused, a plan is not made by that date, or

(ii) the application having been granted, the authority fails to make a plan by that date, as so extended,

then the functions of the members of the authority under this section shall be deemed to be transferred to the manager of the authority who shall, by order, approve the making of a plan subject to any modifications which he or she considers appropriate and, where section 37 (c) applies, in accordance with any requirement specified by the Minister under that section.

(14) Without prejudice to subsection (13), the making of a revised or replacement plan by a water services authority in accordance with a requirement by the Minister under section 37 (c) shall—

(a) where the plan was made by the members of the authority in the first instance, be a reserved function of the members of the authority, and

(b) where the plan was not so made, be a function of the manager of the authority.

(15) (a) Notwithstanding any other provision of this Act, where subsection (13) applies, the manager shall make the plan.

(b) In making the plan, the manager shall, subject to such requirements (if any) of the Minister under section 37 (c), include as part of the plan such provisions (if any) as have been agreed by the members of the authority which are consistent with the plan.

(16) Section 140 of the Act of 2001 shall not apply to the exercise by the manager of a water services authority of his or her functions under subsection (13) and any resolution purporting to be passed under the said section 140 in relation to the performance by the manager of his or her functions under subsection (13) which contravenes this subsection is void.

(17) A water services strategic plan made under this section comes into force—

(a) in the case of a plan other than a joint plan—

(i) upon the passing of a resolution approving the plan by the members of the authority concerned, or

(ii) in a case to which subsection (13) relates, on the date of the order of the manager approving the making of the plan,

or,

(b) in the case of a joint plan—

(i) where resolutions approving the joint plan have been passed by the members of each water services authority, when the last such resolution is passed by the members of a water services authority concerned, or

(ii) where one or more of the water services authorities have failed to approve the making of the joint plan and the functions under this section of all of the water services authorities concerned with the making of the plan are transferred to their respective managers, when the last order approving the making of the plan has been made by the manager concerned.

(18) Nothing in this Act shall entitle a water services authority to discontinue providing water services which it provided before the commencement of this section, save as may be provided in a relevant water services strategic plan made by the authority.

(19) (a) The development plan in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in any water services strategic plan in force in relation to that area or any part of that area.

(b) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the “first-mentioned objective”) and an objective otherwise included in the development plan (the “second-mentioned objective”), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the water services strategic plan referred to in that paragraph, and the first-mentioned objective shall be deemed to be an integral part of the development plan.

(20) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or the Board solely on the ground that the development to which the application relates is not specifically referred to in the water services strategic plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that water services strategic plan.

(21) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force in relation to the functional area of the authority if the authority considers the development will facilitate the achievement of the objectives of that water services strategic plan.

Functions of Minister in relation to water services strategic plans.

37 .— The Minister, after consultation with the relevant water services authorities concerned, may—

(a) require 2 or more water services authorities to make a joint water services strategic plan under section 36 in respect of all or a specified part of their functional areas,

(b) require that the making of a water services strategic plan under section 36 by 2 or more water services authorities be co-ordinated in such manner in relation to such matters as the Minister may specify, and

(c) for stated reasons, require a water services authority or, as the case may be, 2 or more water services authorities, to revise (whether by addition or deletion) a water services strategic plan made by the authority or authorities concerned, or to replace the plan by a new water services strategic plan, by such date and in such a manner as the Minister may specify, which shall be not less than 3 months from the date of the issue of the requirement by the Minister,

and the water services authority or authorities concerned shall comply with any such requirement of the Minister.

Implementation of a water services strategic plan or any revision thereof.

38 .— (1) As soon as may be after a water services strategic plan has come into force, the water services authority concerned, or in the case of a joint plan, such water services authority as has been agreed by the relevant water services authorities, shall—

(a) transmit a copy of it to the Minister and to such persons as may be prescribed, in the prescribed manner, and

(b) publish, in the prescribed manner, notification of the making of the plan.

(2) A water services authority shall take such steps, including carrying out necessary works, as are appropriate and practicable to attain, in relation to its functional area, the objectives and provisions set out in a water services strategic plan in which it is concerned, which has been made by the authority.

(3) (a) A water services authority shall furnish to a person, on request and, if the authority so requires, on payment to it by the person of such reasonable fee as it may charge, a copy of, or extract from, the plan, within a period of 21 days of receipt by the authority of such request, or of payment of such fee as the authority may charge, whichever shall be the later.

(b) A document purporting to be a copy of a plan, or to be an extract from a plan, and to be certified under this subsection by an officer of a water services authority which made the plan as a true copy, shall be prima facie evidence of the plan or extract, as the case may be, and it shall not be necessary to prove the signature of such officer or that he or she was in fact an officer of the water services authority concerned.

(c) Evidence of a plan or of an extract from such plan may be given by production of a copy thereof certified pursuant to this subsection and it shall not be necessary to produce the plan itself.

Transfer of functions from sanitary authorities.

39.— All functions assigned to sanitary authorities under any other enactment shall, in so far as they relate to the carrying out by a water services authority of functions in relation to the provision of water services, be deemed to be functions of a water services authority, and all references to a sanitary authority in those acts and related enactments are to be construed accordingly.

Joint provision of water services.

40.— (1) Two or more water services authorities may enter into an agreement or arrangement for the purpose of jointly, or of one or more of them as the case may be, carrying out any or all of their functions under this Act, in any or all of their respective areas or any part of them, or in the functional area or areas of another water services authority or authorities, or any part of them.

(2) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , two or more water services authorities may jointly enter into an agreement or arrangement with any person for the provision, whether jointly with or on behalf of one or more of them, of water services in all or part of their respective functional areas.

(3) Whenever it appears to the Minister that an agreement or arrangement under subsection (1) or (2) should be made by water services authorities for the purpose of carrying out any or all of their functions, he or she may direct them to enter into an agreement or arrangement, and they shall comply with such direction.

(4) A direction under subsection (3) shall only be made by the Minister after giving each water services authority concerned an opportunity to make representations to him or her and after considering any representations so made.

(5) The Minister may direct that any agreement entered into under this section contains such terms and conditions as he or she may specify and the authorities concerned shall comply with any such direction.

(6) An agreement or arrangement entered into under subsection (3) shall not be revoked except with the approval of the Minister.

(7) Whenever a water services authority enters into an agreement or arrangement with another water services authority or another person under subsection (1) or (2) or section 32 (1)(j) for the provision of water services on its behalf, the first-mentioned water services authority shall, notwithstanding the agreement or arrangement, continue to be responsible for the compliance of those services with the requirements of this Act.

(8) Subsection (7) shall not be construed so as to nullify or otherwise affect the application of any provision in an agreement or arrangement under subsection (1) or (2) or section 32 (1)(j) in relation to public or civil liability arising from the provision of water services under that agreement or arrangement.

Installation of pipes.

41.— (1) In this section—

“ local road ”, “national road” , “public road” , “regional road” and “road” have the same meaning as in section 2 of the Roads Act 1993 ;

“ pipes ” includes sewers, drains, water mains, distribution systems, service connections or their accessories;

“ road authority ” means—

(a) in the case of a national road, the National Roads Authority, and

(b) in the case of a regional road or local road, a local authority as defined in the Act of 2001, other than a local authority referred to in Part 2 of Schedule 6 to that Act.

(2) A water services authority, or other person acting jointly with it or on its behalf, may, for the purpose of providing or assisting in the provision of water services, carry pipes through, across, over, under or along any public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the relevant road authority where the water services authority is not the road authority for that road or place intended for a road.

(3) Any person authorised by a water services authority to provide water services or any person providing water services jointly with or on behalf of that person, may, in respect of the provision of those services, carry pipes through, across, over, under or along a public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the road authority for that road.

(4) Subject to any regulations that the Minister may make under subsection (6), a road authority may attach conditions to the granting of any consent under subsection (2) or (3), which shall be binding on the said water services authority or authorised provider of water services or person providing water services jointly with or on behalf of the water services authority or authorised provider of water services as the case may be.

(5) Without prejudice to the generality of subsection (4), conditions attaching to any consent may include—

(a) the periods during which and times at which works shall be or shall not be carried out,

(b) the period within which works shall be completed,

(c) the manner in which works shall be completed,

(d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of works,

(e) requirements in relation to giving security, including refundable deposits, as the case may be, for the satisfactory reinstatement of a public road following the carrying out of works,

(f) requirements in relation to the co-ordination of work with other work being undertaken or proposed by other persons,

(g) requirements in relation to the control of traffic in the vicinity of works,

(h) requirements in relation to the supervision and inspection of works by the road authority,

(i) requirements in relation to the carrying out of additional works,

(j) requirements in relation to the provision of information to the public as to the extent or nature of the works or the period within which they shall be completed, and

(k) any other measures considered necessary by the road authority for the protection of human health or the environment, and to facilitate sustainable development.

(6) The Minister may, with the consent of the Minister for Transport, make regulations for the purposes of this section.

(7) Without prejudice to the generality of subsection (6), regulations under this section may include provision for—

(a) procedures for the administration of the consent process, including in relation to refusal or withdrawal of a consent,

(b) charges for administration of the consent process,

(c) matters to be taken into consideration by a road authority for the purposes of the consent process,

(d) conditions attaching to a consent,

(e) waiving or substitution of consent procedures in an emergency for the purposes of protecting human health and the environment,

(f) requirements and standards in relation to the reinstatement of roads,

(g) notification and public consultation requirements, or

(h) procedures when consent is refused or withdrawn, or an applicant for consent wishes to make representations in relation to conditions attaching to a consent.

(8) Regulations under this section may make different provisions for applications for consent for different classes of roads.

(9) A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.

(10) A road authority shall have a right of action for relief by way of injunction or declaration from the High Court against any person to restrain any non-compliance or direct any compliance with a requirement of this section, and the Court may grant such order as it sees fit.

(11) For the purposes of this Act, where a person (other than a road authority) claims an interest in or under any road—

(a) it shall be for the person concerned to prove such interest, and

(b) the value of such interest shall be taken to be nil unless it is shown to be otherwise by the person.

(12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.

(13) A water services authority may, by agreement with the water services authority of any adjoining area, cause its pipes to connect with the pipes of that authority in such manner and on such terms and subject to such conditions as may be agreed between the water services authorities.

(14) A water services authority may exercise its powers under this section either within or without its functional area, but where they are exercised in the functional area of another water services authority, the prior agreement of that authority must be obtained.

Requirement to connect to waterworks or waste water works.

42.— (1) Where—

(a) a water services authority has provided, arranged for the provision of or taken in charge a waste water works, and

(b) in the opinion of the authority, any premises in the functional area of the authority—

(i) is not drained in a satisfactory manner, or

(ii) constitutes, or is likely to constitute, a risk to human health or the environment, and

(iii) is capable of being served by means of a service connection of a reasonable length to the waste water works,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waste water works.

(2) Where—

(a) a water services authority has provided, arranged for the provision of or taken in charge a waterworks, and

(b) in the opinion of the authority, any premises in the functional area of the authority is—

(i) not provided with a satisfactory supply of water, and

(ii) capable of being served by means of a service connection of a reasonable length to the waterworks,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of such works as are necessary for the purpose of securing the service of the premises by the waterworks.

(3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the water services authority, or under its supervision.

(4) (a) Subsection (1) and (2) shall also apply where a water services authority has authorised or entered into an agreement with another person, or where an authorised provider of water services has entered into such an agreement for the provision of the waterworks or waste water works in question, provided that the agreement of that person to the additional connection is, unless otherwise provided for in any aforementioned agreement, also obtained by the water services authority.

(b) Where paragraph (a) applies, the water services authority may also require the owner of the premises concerned to take a supply of water through a meter or other instrument provided for measuring the supply of water to that premises or to discharge water through a waste water discharge meter in accordance with Part 5 .

(5) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him or her, appeal against the terms of notice to the District Court and a decision from the District Court under this subsection shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(6) Notice of appeal under this section shall be given to the water services authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.

(7) On the hearing of an appeal under this section the District Court may—

(a) confirm the notice unconditionally,

(b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(c) annul the notice.

(8) A notice under this section shall take effect—

(a) in case no appeal is taken, or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

(b) in case an appeal is taken and is not so withdrawn, when the appeal is withdrawn or determined.

(9) (a) Subject to the provisions of this subsection, where a notice under this section has been served on the person who was, when the notice was served on him or her, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the water services authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person commits an offence.

(b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the water services authority may allow for such compliance) ceased to be the owner of the premises, he or she shall, upon complaint duly made by him or her and on giving to the prosecution not less than 3 clear days’ notice of his or her intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.

(c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he or she took all reasonable steps to secure compliance with the notice, he or she shall be acquitted of the offence.

(d) In paragraph (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) by the water services authority, be construed as referring to so much of the works required by that notice as is not so specified.

(e) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of a premises by reason of receiving rent shall, if he or she receives the rent as agent for another person, be regarded as not being such owner.

(10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works.

(11) (a) Where a notice under this section requires the execution of works which include the installation of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the water services authority which served the notice shall itself install, or arrange for the installation of, so much of the pipe as lies within that land and may recover the costs involved from the person to whom the notice is addressed.

(b) For the purpose of installing a pipe under this subsection or subsection (12), a water services authority shall have the powers and duties specified in section 41 and, where appropriate, Part 7 or 8 , and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under those provisions.

(12) Without prejudice to section 92 , where works to facilitate drainage of a premises in accordance with a notice under section 92 (2), or to connect a premises to a waterworks or waste water works require the installation of a pipe passing through another premises which is not owned by or under the control of the owner of the premises to be drained or connected, a water services authority may, on request of the owner of the premises to be drained or connected, itself install or connect, or arrange for the installation or connection of, so much of the pipe or related accessories as lie within that premises, and may recover the costs involved from the owner of the premises to be drained or connected.

(13) Responsibility for the subsequent maintenance and renewal of any pipe installed under the powers provided in subsection (11) or (12) shall lie in the first instance with the person on whose behalf the work is carried out, and his or her successors in title, but a water services authority may, at its absolute discretion, take any such pipe in charge in accordance with section 43 (12).

Connections.

43.— (1) In this section—

“ connection ” means a drain, a distribution system or a service connection and includes part of such drain, distribution system or service connection;

“ public road ” and “ road authority ” have the same meanings respectively as in section 41 .

(2) A water services authority may, at its absolute discretion, subject to such conditions as it may decide, provide, repair or replace, or contribute to the cost of providing, repairing or replacing a connection.

(3) Subject to subsection (4), a person who owns or controls a connection, or in whom it is vested, or who has taken it in charge, shall be responsible for its maintenance and renewal, and shall ensure that it is kept in good order and repair, so as to—

(a) prevent a risk to human health or the environment,

(b) facilitate the reasonable conservation of water and the proper and effective management of water services, and

(c) prevent the infiltration or exfiltration of water or waste water.

(4) Where a person cannot be identified for the purposes of subsection (3), responsibility under that subsection shall lie with the owner or owners of any premises using the connection, in direct proportion to the level of use of the connection to supply water to or convey waste water from the premises or respective premises, as the case may be.

(5) A water services authority may enter any relevant land and carry out all necessary investigations or works for the purposes of providing, ascertaining the condition of or taking in charge, a connection, or for the purposes of subsection (6).

(6) If, in the opinion of a water services authority, a connection is so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority may, at its absolute discretion—

(a) direct by notice the person or persons responsible for its maintenance or renewal to carry out such works as it considers necessary, or

(b) carry out in the first instance, or in the event of failure to comply with a notice under paragraph (a), such works as it considers necessary, and recover the cost of such works from the person or persons responsible for maintenance or renewal of the connection.

(7) If a connection is found on investigation not to be so defective, foul or neglected as to present a risk to human health, the environment, the reasonable conservation of water or the proper and effective management of water services, or, to permit the infiltration or exfiltration of water or waste water, the water services authority which carried out the investigation shall cause such connection to be restored and any opening or excavation made in the course of the investigation to be closed or filled up and any damage done to be made good.

(8) Where—

(a) a person wishes to install a connection, or

(b) a person responsible for the maintenance or renewal of a connection wishes, or has been directed under subsection (6)(a), either by himself or herself or by arrangement with a third party to undertake maintenance or renewal works on a connection,

which runs, or is intended to run through, across, under, over or along any public road or place intended for a public road, then he or she may do so, subject to the consent of the road authority in whose functional area the road is situated.

(9) A road authority may attach conditions to the granting of any consent under subsection (8) as if the person concerned was a person to whom section 41 (3) applies, which shall be binding on that person or his or her agents as the case may be.

(10) For the purposes of providing any pipe under this section a water services authority shall have the powers mentioned in section 41 .

(11) The Minister may make regulations in relation to notices under subsection (6)(a), and without prejudice to the generality of such regulations, they may include provisions in relation to—

(a) the action to be carried out under a notice,

(b) the time limit by which action directed to be carried out under a notice must be completed,

(c) the quality of materials and workmanship to be employed in any remedial action under a notice,

(d) powers of entry and investigation by authorised persons, and

(e) such incidental provisions as are necessary to ensure the effective supervision by a water services authority of compliance with, or enforcement of, a notice.

(12) A water services authority may, at its discretion and subject to such conditions as it may decide, take in charge a connection, which shall thereafter come under the sole control and responsibility of the water services authority.

(13) (a) Without prejudice to section 180 of the Act of 2000, where a water services authority proposes to take in charge a connection under subsection (12), then it shall by notice inform any person who owns or controls the connection, of its intention to take it in charge, and where the identity of that person cannot be ascertained by reasonable enquiry, a notice for the purposes of this subsection may issue in accordance with section 19 (5).

(b) Where, for the purposes of paragraph (a), the identity of the person or persons who owns or controls a connection cannot be ascertained after reasonable enquiry, then the water services authority shall also by notice inform any person who is responsible, in accordance with subsection (4), for the maintenance or renewal of that connection, and notwithstanding section 19 such notice may be issued by publication in a newspaper circulating in the area where the connection is located.

(14) A notice under subsection (13) may be appealed in accordance with section 92 (8) by the person to whom it is addressed as if it was a notice issued under section 92 (2), and shall be enforceable as if it was issued under that section.

(15) A person to whom a notice under subsection (13) is addressed shall, unless he or she waives that right, be entitled to reimbursement, from the water services authority which issued the notice, for the costs of the materials and labour expended by him or her in providing the connection, together with any additional compensation arising from a reduction in the value of his or her interest in the connection concerned.

(16) Where a dispute arises between a person to whom a notice under subsection (13) is addressed and the water services authority which issued it, then the matter may be referred by either of them to arbitration as if it was a referral for arbitration under section 92 (15) but only to the extent that it relates to reimbursement or compensation under subsection (15) of this section.

(17) A person who—

(a) damages a connection, or

(b) fails to comply with a notice under subsection (6)(a),

commits an offence.

Repairs to service connections.

44.— (1) Where any premises in the functional area of a water services authority is connected to a water supply or sewer which is either the property of a water services authority or an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, by means of a service connection passing through land, the owner of which is not the owner of the premises, the water services authority of that area may—

(a) on the request of the owner of the premises, carry out on such land, any necessary repair or renewal of such service connection,

(b) after 7 days’ notice in writing to the owner of such land or in case of emergency without notice enter on such land and do all things reasonably necessary for the purpose of the repair or renewal.

(2) Any expenses incurred by a water services authority under this section at the request of the owner of a premises may be recovered from that person by the authority.

Damage to pipes.

45.— A person who causes any damage to a water main, distribution system, sewer, drain, service connection or their accessories used for the purpose of providing water services belonging to or in the charge of a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services, commits an offence.

Obligations under other enactments.

46.— No provision in this Act shall be construed as relieving a water services authority of any obligation under another enactment, including enactments brought into operation after the commencement of this section, to consult with or obtain the agreement of another public authority with an interest in any premises affected before undertaking works in relation to any of its functions under this Act.

Monitoring and inspection.

47.— (1) Each water services authority, the Minister or other person prescribed shall—

(a) carry out, or cause to be carried out, such monitoring or inspection of water services operations as it, he or she considers to be necessary for the performance of their functions under this Act, and

(b) keep and maintain or cause to be kept and maintained, such records of any monitoring or inspections carried out under paragraph (a) as it, he or she considers reasonable and necessary.

(2) Where it appears necessary to do so for any purpose of this Act, a water services authority, the Minister or other person prescribed may require any person who is in control of a water service—

(a) to carry out or arrange to have carried out such monitoring, at such frequency (including continuous monitoring by electronic means or otherwise) in relation to the activity concerned as it, he or she may specify,

(b) to keep and to supply to the water services authority, the Minister or other person prescribed such records of said monitoring or inspection as it, he or she may specify, or

(c) to provide meters, gauges, manholes or inspection chambers or any other apparatus for the purposes of this section.

(3) Each water services authority or other person prescribed shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring or inspection carried out under this section that are in its, his or her possession or control.

(4) Each water services authority, the Minister or other prescribed person, shall carry out or take or cause to be carried out or taken such monitoring or other measures as it, he or she considers necessary to verify that any monitoring, or records of such monitoring, required under subsection (2) are being properly carried out or retained, as the case may be.

(5) Without prejudice to any other provision of this Act, the Minister may make regulations requiring the making of payments by any person for the purpose of defraying costs which may be incurred by a water services authority, the Minister or other prescribed person in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities of that person.

(6) A payment which is required under regulations under this section, shall be payable on demand by the person concerned.

Consultation.

48.— The Minister may, having consulted with any Minister of the Government that he or she considers ought to be consulted having regard to their functions, make regulations requiring water services authorities or other persons prescribed, to consult with such other persons and in such manner in relation to the exercise of such powers and duties under this Act as may be prescribed.

Map of works.

49.— (1) A water services authority shall provide a record, in the form of a map or other diagrammatic or electronic representation, of the location and extent of service connections, waterworks and waste water works in its functional area, whether they are the property of the water services authority or the property of any other person, who shall provide the information necessary for this purpose, and for the purpose of subsection (2), to the water services authority.

(2) A water services authority shall, within 6 weeks of a service connection, waterworks or waste water works in its functional area being provided, altered or added to, bring the record provided under subsection(1) up to date.

(3) The record provided under subsection (1) shall be available for inspection at the principal office of the water services authority during normal business hours.

(4) The Minister may make regulations specifying the details to be recorded in records to be kept under subsection (1).

(5) For the purposes of subsection (1) or (2), a water services authority may by notice require a person who owns or is otherwise in charge of a service connection, waterworks or waste water works to which this section refers to keep such records or to provide to it such particulars as it may specify in relation to that service connection, waterworks or waste water works, within such time as may be specified in the notice.

(6) A person who contravenes the requirement under subsection (1) to provide information to a water services authority, or who fails to comply with a notice under subsection (5), commits an offence.

Agreement to take over proposed waterworks or waste water works.

50.— (1) Without prejudice to the State Authorities (Public Private Partnership Arrangements) Act 2002 , a water services authority, subject to any conditions of a related planning permission under the Act of 2000, may enter into an agreement.

(2) Subject to subsection (3), the agreement referred to in subsection (1) is an agreement with any person proposing to construct any waterworks or waste water works, or any part of a waterworks or waste water works, in its functional area for the purpose of that waterworks or waste water works, or part of it being constructed by that person in accordance with the agreement.

(3) The agreement referred to in subsection (1) shall be entered into with a view to the water services authority, upon its completion and at a specified date, declaring by order the waterworks or waste water works, or such part of the waterworks or waste water works covered by the agreement, to be vested in the water services authority.

Temporary interruption to water services.

51.— (1) In this section “ an authority ” means a water services authority, an authorised provider of water services or a person providing water services jointly with or on behalf of a water services authority or an authorised provider of water services.

(2) An authority may temporarily interrupt service from a waterworks or a waste water works—

(a) for the purposes of executing any necessary works,

(b) in an emergency, including where an immediate risk to human health or the environment exists, or

(c) in such other circumstances as may be prescribed.

(3) An interruption of service under this Act, other than an interruption of service made in circumstances provided for in subsection (2)(b), shall only be effected after the user or users concerned have been given reasonable notice.

(4) In the case of an interruption of service made under subsection (2) an authority shall, subject to any agreement in force under section 32 (1)(k)

(a) ensure the restoration of the service as soon as possible, and

(b) arrange for the provision to the user or users concerned of an appropriate alternative supply of drinking water for domestic purposes where the service interruption exceeds 24 hours.

(5) Notwithstanding section 19 , a notice under subsection (3) shall be deemed to have been served on all users concerned if it is—

(a) advertised in a newspaper circulating in the area in which an interruption of service is scheduled to take place,

(b) broadcast on a radio or television channel generally available in the area in which an interruption of service is scheduled to take place, or

(c) advertised in such other manner as the Minister may direct.

(6) The Minister may issue guidance in relation to what constitutes an appropriate alternative supply for the purposes of subsection (4)(b), and the exercise of its powers under this section by an authority shall be subject to any such guidance.

Recovery of sums due.

52.— (1) Where a sum is due to a County Council or a City Council, acting as a water services authority, the water services authority, or any other person acting jointly with it or on its behalf, may recover the sum, and any expenses incurred in its recovery by the water services authority, or any other person acting jointly with it or on its behalf, as a simple contract debt in a court of competent jurisdiction.

(2) Where the sum referred to in subsection (1) is recoverable from the owner of a premises by a County Council or City Council acting as a water services authority any outstanding amount of the sum and any expenses incurred by the water services authority, or any other person acting jointly with it or on its behalf, in its recovery may be made a charge on the premises.

(3) A County Council or a City Council acting as a water services authority to whom money is due under this Act may as an alternative to recovering the sum as a contract debt or making a charge on a premises offset the sum due against any grant or other payment due by the County Council or City Council in any capacity to the person concerned.

(4) The Minister may make regulations for the administrative procedures to be followed for the purposes of this section.

(5) Without prejudice to the generality of subsection (4), regulations under this section may include provision for—

(a) the issue of notices,

(b) notice periods, or

(c) any matter consequential on, or incidental to, the foregoing.

(6) The Minister may prescribe another person to which the power under subsection (1), (2) or (3) to recover costs shall apply in relation to the recovery of sums due to them.

14OJ No. L330/32, 05.12.1998