Water Services (Amendment) Act 2022

Transfer of rights and liabilities and preservation of contracts

24. (1) All rights and liabilities of Ervia relating to Uisce Éireann, arising by virtue of any contract, agreement, arrangement or commitment (express or implied) entered into by Ervia on behalf of Uisce Éireann (expressly or impliedly) before the appointed day shall, on that day, stand transferred to Uisce Éireann.

(2) Every right and liability transferred by subsection (1) to Uisce Éireann may, on and after the appointed day, be sued on, recovered or enforced by or against Uisce Éireann in its own name and it shall not be necessary for Ervia to give notice to a person whose right or liability is transferred by that subsection of such transfer.

(3) Every contract, agreement or arrangement relating to Uisce Éireann made by Ervia (or by any trustee or agent acting on its behalf) on behalf of Uisce Éireann and any other person, which is in force immediately before the appointed day, shall continue in force and shall be construed and have effect as if the name of Uisce Éireann were substituted for Ervia or its trustee or agent, as the case may be, and shall be enforceable by or against Uisce Éireann.

(4) A reference to a contract, agreement or arrangement in this section includes any commitments of Ervia made on behalf of Uisce Éireann or relating to Uisce Éireann that derived from any competition or process for the procurement of services by Ervia which was commenced before the appointed day.