Water Services Act 2007
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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. |