Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995
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Limitation on discontinuance of supply of water for domestic purposes. |
3.—(1) Subsection (9) of section 65A of the Act of 1878 shall not apply to the recovery of a charge for water for domestic purposes. | |
(2) A sanitary authority may discontinue a supply of water for domestic purposes in respect of which— | ||
(a) a charge remains wholly or partly unpaid, or | ||
(b) there has been default on payment due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940, | ||
if it has been authorised to do so by order of the Court. | ||
(3) An order under subsection (2) of this section shall not be granted unless the Court is satisfied that— | ||
(a) in the case of default in payment to which paragraph (a) of that subsection relates, all the conditions set out in the Schedule to this Act have been complied with, whether before or after the commencement of this Act, and | ||
(b) the default in payment by the consumer was not due to hardship. | ||
(4) In considering whether or not to grant an order under subsection (2) of this section, the Court shall have regard to the personal and household circumstances of the consumer. | ||
(5) A sanitary authority shall not discontinue a supply of water for domestic purposes in respect of which a charge remains wholly or partly unpaid in any case where the sanitary authority has waived all or portion of the charge in respect of such supply of water in accordance with section 65A (3) of the Act of 1878. | ||
(6) In proceedings before the Court for a water discontinuance order, prima facie evidence may be given by the sanitary authority as to any of the matters set out in the Schedule to this Act by production of a statement in writing by an authorised person. |