Local Government (Financial Provisions) (No. 2) Act, 1983
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Amendment of section 65A of Public Health (Ireland) Act, 1878. |
8.—Section 65A of the Public Health (Ireland) Act, 1878 , inserted by section 7 of the Local Government (Sanitary Services) Act, 1962 , is hereby amended by— | |
(a) the substitution of the following subsections for subsection (1): | ||
“(1) A sanitary authority may make charges for water supplied, whether within or outside their functional area, by them. | ||
(1A) Notwithstanding any provision in any enactment which was in force on the commencement of the Local Government (Financial Provisions) (No. 2) Act, 1983, whereby there is specified— | ||
(a) the amount of the charge which may be made by a sanitary authority for the supply by them (otherwise than to another sanitary authority) of a supply of water for domestic purposes, or | ||
(b) an amount which a charge described in paragraph (a) of this subsection is not to exceed, the authority may make a charge which exceeds the amount so specified, and any charge made by virtue of this subsection shall for all purposes be deemed to have been duly made under the enactment. | ||
(1B) Notwithstanding any provision of an agreement whereby there is specified— | ||
(a) the amount of the charge which may be made by a sanitary authority for the supply by them (otherwise than to another sanitary authority) of a supply of water for domestic purposes, or | ||
(b) an amount which a charge described in paragraph (a) of this subsection is not to exceed, | ||
the authority may make a charge which exceeds the amount so specified, and any charge made by virtue of this subsection shall for all purposes be deemed to have been duly made under the agreement.”; | ||
(b) the substitution of the following for subsection (3): | ||
“(3) (a) A sanitary authority may, if it is satisfied that it is appropriate so to do on grounds of personal hardship, waive all or portion of a charge made by it under this section. | ||
(b) Where a charge (or portion thereof) is waived under paragraph (a) of this subsection, the liability of a person to pay that charge (or portion thereof) and any obligation on the sanitary authority by whom the waiver was made to collect the charge (or portion thereof) shall cease.”; and | ||
(c) the insertion in subsection (7) after “the 1st day of October” of “, or by such other instalments as the sanitary authority to whom the charge is payable shall determine,”; | ||
and the said subsection (7), as so amended, is set out in the Table to this section. | ||
TABLE | ||
(7) A charge under this section for water supplied otherwise than by measure shall be payable in advance by equal half-yearly instalments on the 1st day of April and the 1st day of October or by such other instalments as the sanitary authority to whom the charge is payable shall determine, and, in default of being paid within two months after becoming payable, shall be recoverable as a simple contract debt in any court of competent jurisdiction. |