Water Services Act 2007

Power to make and fix charges for non-domestic water services.

105.— (1) A water services authority shall not charge for water supplied to or discharged by—

(a) a household, which is used by that household for domestic purposes, or

(b) a person, other than another water services authority, providing water services to a household for domestic purposes.

(2) Subject to subsections (1) and (4), and any regulations under section 106 , a water services authority shall charge for all costs associated with the provision of water services provided, whether within or outside its functional area, by it or a person providing water services jointly with it or on its behalf.

(3) Subject to any regulations under section 106 , a charge under subsection (2) may be fixed from time to time by the water services authority, by reference to one or more of the following:

(a) the quantity of water supplied;

(b) the volume and strength of waste water discharged to a sewer;

(c) the purpose for which water supplied is used;

(d) such other criteria as may be prescribed.

(4) (a) A water services authority may, subject to such criteria as may be specified or direction as may be made by the Minister for such purposes, if the authority is satisfied that it is appropriate to so do on grounds of personal hardship or quality of water supplied, waive a charge made under this section.

(b) Where a charge is waived under paragraph (a), the liability of a person to pay such charge and any obligation on the water services authority by whom the waiver was made to collect such charge shall cease.

(c) In this subsection “ charge ” includes portion of a charge.

(5) (a) A charge under this section shall be paid by and recoverable from the person to whom the water services concerned are provided.

(b) For the purposes of this section and subject to paragraph (c), where a premises to which water services are provided is let, then the occupier of the premises to which water services are provided shall be deemed to be the person to whom the water services are provided, unless the occupier concerned proves to the contrary.

(c) Where after reasonable inquiry, a water services authority cannot establish the identity of the occupier of a premises to which water services are provided, then the owner of the premises shall be deemed to be the person to whom the water services are provided, unless the owner proves that the water services are provided to another specified person.

(d) In this subsection, a reference to a premises which is let includes a reference to a part of such premises which is sublet.

(6) A water services authority may appoint an agent to collect water services charges on its behalf, and that person shall be deemed to be an authorised person for the purposes of this section, and references in this section to a water services authority shall be construed, where appropriate, as including such agent.

(7) Where a charge under this section is calculated by reference to the quantity of water supplied or waste water discharged, then the water services authority, or person providing water services jointly with it or on its behalf, may—

(a) supply the water by measure, in which case a meter shall be used to measure the quantity of the supply, or

(b) measure the discharge, in which case the waste water discharge shall be discharged via a meter,

and Part 5 shall apply to the metering of such supply or discharge.

(8) For the purposes of this section, in the absence of evidence to the contrary or of an agreement otherwise entered into between a water services authority and a person to whom water services are provided, the quantity of waste water discharged from a premises may be deemed to equal the quantity of water supplied to that premises.

(9) (a) A charge under this section for water services to be provided otherwise than by measure shall—

(i) be payable in respect of any year to the water services authority in 2 equal instalments on or before the 1st day of January and the 1st day of July of that year, or in such other manner as the water services authority to whom the charge is payable shall determine, and

(ii) in default of being paid within 2 months after becoming payable, be recoverable as a simple contract debt in any court of competent jurisdiction.

(b) A charge under this section for water services supplied by measure shall—

(i) be payable on demand to the water services authority, and

(ii) in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(10) A water services authority, or a person providing water services jointly with it or on its behalf and having received authority from the water services authority, may discontinue or restrict a related supply of water to a person where a charge under this section for water services provided to that person remains wholly or partly unpaid on the expiration of 2 months after becoming payable, and—

(a) the cost of the discontinuance shall be recoverable in any proceedings for the recovery of the charge,

(b) the cost of re-connection shall be payable by the person liable for the charge.

(11) Without prejudice to subsection (1), where water services provided by a water services authority, or jointly with it or on its behalf, constitute, or may constitute, services to a household for domestic purposes and other purposes, the water services authority may make such estimation as it considers reasonable of the proportion of those services which is used for domestic purposes, and may have regard to any such estimation in determining whether, and on what basis, to make a charge for provision of water services under this section.

(12) Any reference in this Act to provision of water services for domestic purposes shall be construed as a reference to provision of water services for day to day domestic requirements including drinking, washing and sanitation, but exclusive of water services used for—

(a) agriculture or horticulture,

(b) any trade, industry or business,

(c) any purpose incidental to a household or private garden (including washing a private vehicle) if the water is drawn otherwise than from a tap inside the household or if a hosepipe or similar apparatus is used,

(d) central heating other than central heating of a household,

(e) apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.

(13) In this section—

“ household ” means a building or part of a building used by a person as his or her place of private residence (whether as his or her principal place of such residence or not) and includes accommodation provided in such a residence to one or more students to enable them to pursue their studies on a fulltime basis but does not include any part of a building used for the provision, for the purposes of reward, with a view to profit or otherwise in the course of business, of accommodation, including self-catering accommodation, (other than accommodation provided in a place of private residence aforesaid to one or more students for the purposes aforesaid) unless the person to whom the accommodation is so provided uses the accommodation as his or her principal place of private residence;

“ water services ” includes abstraction or impoundment of water for supply.