Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995


Conditions for Discontinuance of Supply of Water for Domestic Purposes

Section 3 .

1. Before making an application to the Court for a water discontinuance order a sanitary authority shall—

(a) send to the consumer a demand (the “initial demand”) in writing in respect of a charge for the supply of water for domestic purposes which shall indicate:

(i) the amount of the charge, and

(ii) the date by which the charge is liable to be paid, and

(b) where, following the sending of the initial demand, a charge has not been paid in full after it has become payable, send at least two further demands in writing (“reminders”) to the consumer and—

(i) following, or in conjunction with, the sending of reminders, send notification in writing (“warning notice”) to the consumer on at least two occasions, ensuring that a period of at least fourteen days has elapsed between the sending of the first such warning notice and the second such warning notice, that, where the charge remains unpaid, the sanitary authority may apply to the Court for a water discontinuance order, and

(ii) following the sending of warning notices, secure the delivery to the consumer of, or send by post in a prepaid registered letter to the consumer, a notice in writing (the “final notice”) that the sanitary authority intends to apply to the Court for a water discontinuance order.

2. The initial demand, reminders, warning notices and final notice shall be addressed to the consumer at the address in respect of which the supply of water is provided or, in a case in which an address for service has been furnished, at that address.

3. Where the name of the consumer cannot be ascertained by reasonable inquiry, the initial demand, reminders, warning notices or the final notice may be addressed to “the consumer” without naming the consumer.

Acts Referred to

Enforcement of Court Orders Acts, 1926 and 1940

Local Government (Financial Provisions) (No. 2) Act, 1983

1983, No. 21

Local Government (Sanitary Services) Act, 1962

1962, No. 26

Local Government (Sanitary Services) Acts, 1878 to 1962

Public Health (Ireland) Act, 1878

1878, c. 52