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Transfer of records
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26. (1) Subject to subsection (2) and to any agreement entered into between Uisce Éireann and Ervia concerning the processing of data or the control of personal data, each record held by Ervia immediately before the appointed day that relates to Uisce Éireann or to the functions of Uisce Éireann, shall on the appointed day stand transferred to Uisce Éireann and shall, on and after that day, be the property of Uisce Éireann and be regarded as being held by Uisce Éireann.
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(2) Ervia may retain an original record that relates to both Uisce Éireann and Ervia, and Ervia shall, at the request of Uisce Éireann, transfer a copy of that record to Uisce Éireann on or after the appointed day.
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(3) Uisce Éireann may, for the purpose of its functions, have access to an original record that is held by Ervia under subsection (2) and Uisce Éireann shall have the right to hold such a record for such period as may be agreed by Uisce Éireann and Ervia.
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(4) The Minister may make regulations in relation to the transfer of records under this section and without prejudice to the generality of the foregoing, such regulations may make provision for—
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(a) the processing of data or the control of personal data under an agreement specified in subsection (1),
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(b) the records that transfer to Uisce Éireann under subsection (1),
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(c) the records that may be retained by Ervia under subsection (2),
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(d) the records that may be requested by Uisce Éireann under subsection (2),
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(e) the records that may be accessed by Uisce Éireann under subsection (3),
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(f) time limits for the transfer or retention of records, and
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(g) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of the regulations.
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(5) In this section, “record” includes, in addition to a document in writing and an electronic record—
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(a) a plan, chart, map, drawing, diagram, pictorial or graphic image,
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(b) a disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,
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(c) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and
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(d) a photograph.
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