Water Services (No. 2) Act 2013

Power to charge for water services

21. (1) Subject to subsection (6), Irish Water shall charge each customer for the provision by it of water services.

(2) The amount of a charge under subsection (1) shall be calculated by Irish Water in accordance with the approved water charges plan or an approved agreement, as may be appropriate.

(3) A charge under this section shall be payable on demand by the customer concerned in such manner and in respect of such period or periods as Irish Water shall determine in accordance with the approved water charges plan or an approved agreement, as may be appropriate.

(4) Where a customer fails to pay a charge under this section, it shall be recoverable by Irish Water as a simple contract debt in any court of competent jurisdiction.

(5) It shall be presumed, unless the contrary is proved, that the owner of a premises is also the occupier of that premises.

(6) This section shall not apply to water services provided to a fire authority within the meaning of the Fire Services Act 1981 .

(7) Subject to subsection (8), Irish Water may reduce or discontinue the supply of water to a premises where a charge under this section in respect of the premises remains wholly or partly unpaid for such period of time as may be specified in the approved water charges plan or an approved agreement, as may be appropriate.

(8) Irish Water shall not, by reason of a charge in respect of a dwelling being wholly or partly unpaid, discontinue the supply of water to that dwelling either temporarily or permanently.

(9) In this section—

“approved agreement” means an agreement approved under subsection (3) of section 23 ;

“dwelling” means a premises occupied by a person as his or her place of private residence (whether or not as his or her principal private residence);

“owner” has the same meaning as it has in the Act of 2007.