Water Services Act 2007

Water services strategic plan.

36.— (1) In this section and in sections 37 and 38

“ development plan ” has the same meaning as in section 2 of the Act of 2000;

“ joint plan ” shall be construed in accordance with subsection (4)(a);

“ manager ” has the same meaning as in section 2 of the Act of 2001;

“ prescribed date ” means the date prescribed by the Minister by regulations under subsection (9), on or before which a water services authority is required to make a water services strategic plan;

“ water services strategic plan ” includes, where the context admits, a replacement or revised water services strategic plan, a joint plan, or a sub-plan referred to in subsection (4)(b), and any replacement or revision of such joint plan or sub-plan.

(2) Subject to subsection (4) and any regulations made under this section, each water services authority shall, not later than the prescribed date, make a water services strategic plan with regard to the provision of water services in its functional area.

(3) Subject to subsections (13) and (14), the making, replacement or revision of a water services strategic plan is a reserved function of the members of the authority.

(4) For the purposes of subsection (2)

(a) two or more water services authorities may jointly make a water services strategic plan in relation to all of their combined functional areas, or parts thereof, and

(b) a water services strategic plan may consist of separate sub-plans for the provision of specified water services in all or part of the functional area of the water services authority, or in the case of a joint plan referred to in paragraph (a), the water services authorities concerned,

and the making, review, revision or replacement of such a joint plan or sub-plan shall be subject to the same procedures as if it was a water services strategic plan referred to in subsection (2).

(5) (a) A water services authority, or in the case of a joint plan under subsection (4), the water services authorities concerned, shall review a water services strategic plan made by it or them from time to time as the occasion may require and at least once in every period of 6 years from the date the plan was made by the authority, or such lesser interval as the Minister may direct and, consequent on such a review, make a replacement plan.

(b) A local authority (whether or not acting as a water services authority) shall not, by resolution, under section 139 or 140 of the Act of 2001 or section 179 of the Act of 2000—

(i) give a direction that works not be proceeded with, or

(ii) require any act, matter or thing to be done or effected,

where the effect of such direction or requirement would be contrary to, or inconsistent with, any provision (including any objective contained therein) of a water services strategic plan made by the water services authority, or would limit or restrict the proper implementation of such a provision and any resolution purporting to be passed under the said section 139, 140 or 179, as the case may be, which contravenes this paragraph is void.

(6) In drafting or reviewing a water services strategic plan, the water services authority or water services authorities concerned shall have regard to the proper planning and sustainable development of its or their functional area or areas and in particular shall have regard to the provisions of—

(a) relevant development plans, regional or spatial planning guidelines, housing strategies or special amenity area orders, as appropriate, made under the Act of 2000,

(b) a water quality management plan or a programme of measures made under the Local Government (Water Pollution) Acts 1977 and 1990 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(c) a waste management plan under the Waste Management Acts 1996 to 2003 for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(d) a river basin management plan or a programme of measures under the EU Water Framework Directive for the area to be covered by the water services strategic plan, or for any other area that could affect that plan,

(e) such other plans, strategies or guidelines as may be prescribed, and

(f) any other matter as may be directed by the Minister.

(7) A water services strategic plan shall contain such objectives as seem to the water services authority or water services authorities concerned to be reasonable and necessary—

(a) to protect human health and the environment,

(b) to facilitate the provision of sufficient water services for domestic and non-domestic requirements in the area to which the plan relates, and

(c) to support proper planning and sustainable development, including sustainable use of water resources,

and shall specify such measures or arrangements to be taken or entered into by the water services authority or water services authorities concerned, with a view to securing the objectives of the plan.

(8) Without prejudice to the generality of subsection (7), a water services strategic plan shall, subject to such regulations as may be made by the Minister for the purposes of this section, include information on or otherwise have regard to—

(a) drinking water quality,

(b) prevention or abatement of risk to human health or the environment,

(c) current and projected need for water services,

(d) arrangements in place or planned for the provision of water services,

(e) shortfalls in the provision of water services,

(f) water conservation measures in place or planned,

(g) monitoring arrangements, including laboratory facilities,

(h) asset management planning,

(i) income and expenditure, and

(j) any incidental or ancillary matters.

(9) (a) The Minister may make regulations prescribing the manner in which any matter is to be set out or addressed in a water services strategic plan, notification or consultation requirements and procedures or associated time limits, prior to and after its making.

(b) Without prejudice to the generality of paragraph (a), regulations under that paragraph may specify different dates for different water services authorities or classes of water services authorities.

(10) (a) To enable further consideration to be given to the making of a water services strategic plan, a water services authority may apply to the Minister for an extension of not more than 3 months after the latest date for the making of a water services strategic plan.

(b) Where an application is made under paragraph (a), the Minister may, based on the reasonable prospect of the authority concerned making a plan by the proposed extended date, grant or refuse the application.

(c) An application under paragraph (a) is a reserved function.

(d) This subsection shall not apply in the case of the making of a revised or replacement plan by the members of a water services authority in accordance with a requirement by the Minister under section 37 (c).

(11) Where a water services authority proposes to make a water services strategic plan which, in the opinion of the manager of the water services authority, would not be appropriate for the reasons stated by him or her, then the manager shall—

(a) inform the members of the water services authority accordingly, giving his or her reasons for forming such opinion, and advise the members that, should the authority proceed to make that plan, the Minister may invoke his or her powers under section 37 (c) to require the authority to revise the plan in such manner as may be specified by the Minister or to replace the plan by a new plan, and

(b) inform the members of the right of the authority to apply to the Minister for an extension under subsection (10) of the prescribed date.

(12) Where it appears to the manager of a water services authority that it is likely that the members of the authority may fail to make a plan by the prescribed date, the prescribed date as extended or the date specified in a requirement by the Minister under section 37 (c), as the case may be, then the manager shall—

(a) advise the members of the authority that if the authority fails to make a plan by—

(i) the prescribed date,

(ii) the prescribed date as extended, or

(iii) the date specified in a requirement by the Minister under section 37 (c),

as the case may be, the members’ functions under this section in relation to the making of the plan will be deemed to have been transferred to the manager in accordance with subsection (13), and

(b) where paragraph (a)(i) applies, inform the members of the right of the authority to apply to the Minister for an extension of the prescribed date under subsection (10).

(13) Subject to subsection (12), where a water services authority—

(a) fails to make a water services strategic plan by the latest date for the making of the plan or the date specified by the Minister under paragraph (c) of section 37 in accordance with the requirements of the Minister under that paragraph, as the case may be, or

(b) having applied to the Minister for an extension of the latest date for the making of the water services plan concerned in accordance with subsection (10), and

(i) the application having been refused, a plan is not made by that date, or

(ii) the application having been granted, the authority fails to make a plan by that date, as so extended,

then the functions of the members of the authority under this section shall be deemed to be transferred to the manager of the authority who shall, by order, approve the making of a plan subject to any modifications which he or she considers appropriate and, where section 37 (c) applies, in accordance with any requirement specified by the Minister under that section.

(14) Without prejudice to subsection (13), the making of a revised or replacement plan by a water services authority in accordance with a requirement by the Minister under section 37 (c) shall—

(a) where the plan was made by the members of the authority in the first instance, be a reserved function of the members of the authority, and

(b) where the plan was not so made, be a function of the manager of the authority.

(15) (a) Notwithstanding any other provision of this Act, where subsection (13) applies, the manager shall make the plan.

(b) In making the plan, the manager shall, subject to such requirements (if any) of the Minister under section 37 (c), include as part of the plan such provisions (if any) as have been agreed by the members of the authority which are consistent with the plan.

(16) Section 140 of the Act of 2001 shall not apply to the exercise by the manager of a water services authority of his or her functions under subsection (13) and any resolution purporting to be passed under the said section 140 in relation to the performance by the manager of his or her functions under subsection (13) which contravenes this subsection is void.

(17) A water services strategic plan made under this section comes into force—

(a) in the case of a plan other than a joint plan—

(i) upon the passing of a resolution approving the plan by the members of the authority concerned, or

(ii) in a case to which subsection (13) relates, on the date of the order of the manager approving the making of the plan,

or,

(b) in the case of a joint plan—

(i) where resolutions approving the joint plan have been passed by the members of each water services authority, when the last such resolution is passed by the members of a water services authority concerned, or

(ii) where one or more of the water services authorities have failed to approve the making of the joint plan and the functions under this section of all of the water services authorities concerned with the making of the plan are transferred to their respective managers, when the last order approving the making of the plan has been made by the manager concerned.

(18) Nothing in this Act shall entitle a water services authority to discontinue providing water services which it provided before the commencement of this section, save as may be provided in a relevant water services strategic plan made by the authority.

(19) (a) The development plan in relation to the functional area of a local authority shall be deemed to include the objectives for the time being contained in any water services strategic plan in force in relation to that area or any part of that area.

(b) In the event of there being a conflict between an objective deemed to be included in a development plan by virtue of paragraph (a) (the “first-mentioned objective”) and an objective otherwise included in the development plan (the “second-mentioned objective”), the first-mentioned objective shall override the second-mentioned objective, irrespective of whether or not the development plan is subsequent to the water services strategic plan referred to in that paragraph, and the first-mentioned objective shall be deemed to be an integral part of the development plan.

(20) An application for permission under Part III of the Planning and Development Act 2000 shall not be refused by a planning authority or the Board solely on the ground that the development to which the application relates is not specifically referred to in the water services strategic plan in force in relation to the functional area of the planning authority if the planning authority or the Board, as the case may be, considers the development will facilitate the achievement of the objectives of that water services strategic plan.

(21) In considering a proposed development under section 179 of the Act of 2000 a local authority shall not decide that the development should not be proceeded with solely on the grounds that the said development is not specifically referred to in the water services strategic plan in force in relation to the functional area of the authority if the authority considers the development will facilitate the achievement of the objectives of that water services strategic plan.