Water Services (Amendment) Act 2022

Liability for loss occurring before appointed day

25. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the appointed day of any of the functions of Uisce Éireann shall, on and after the appointed day, lie against Uisce Éireann and not against Ervia.

(2) Any legal proceedings relating to Uisce Éireann and pending immediately before the appointed day to which Ervia is a party shall be continued, with the substitution in the proceedings of Uisce Éireann, in so far as they so relate, for Ervia.

(3) Where, before the appointed day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable by or against Ervia, be enforceable by or against Uisce Éireann and not Ervia.

(4) Any claim made or proper to be made by Ervia in respect of any loss or injury arising from the act or default of any person before the appointed day shall, where the claim relates to a function of Uisce Éireann, on or after that day, be regarded as having been made by or proper to be made by Uisce Éireann and may be pursued and sued for by Uisce Éireann as if the loss or injury had been suffered by Uisce Éireann.