Local Government (Sanitary Services) Act, 1962

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Power to make and fix charges for water.

7.—The following section is hereby inserted in the Public Health (Ireland) Act, 1878 , after section 65:

“65A. (1) A sanitary authority may make charges for water supplied by them, but an urban sanitary authority shall not make a charge for a supply of water for domestic purposes supplied within their district except where the supply constitutes the whole or part of—

(a) a supply to any premises which are used wholly or in part for any business, trade or manufacture,

(b) a supply to any hospital, sanatorium, county home, home for persons suffering from physical or mental disability, maternity home, convalescent home, preventorium, laboratory, clinic, health centre, dispensary or any similar institution, or

(c) a supply to any club.

(2) A charge under this section may be fixed from time to time by reference to any one or more of the following:

(a) the quantity of water supplied,

(b) the rateable valuation of the premises supplied,

(c) the purposes for which the water is required,

(d) the description of the premises supplied,

(e) any other matter which the sanitary authority consider suitable,

and may be so fixed either without or subject to any maximum or minimum limit.

(3) Any person aggrieved by the amount of any charge fixed by an urban sanitary authority under this section for a supply of water such as is referred to in paragraph (a), (b) or (c) of subsection (1) of this section may, within twelve months after the fixing thereof, appeal against the charge to the Minister, and the Minister may either refuse the appeal or vary the charge.

(4) (a) Where—

(i) any waterworks are acquired by a sanitary authority, and

(ii) there are premises which, immediately before the acquisition, were supplied with water from the waterworks,

the Minister may determine limits for the charges which, during a specified period ending not later than twenty years after the acquisition, may be fixed for water supplied from the waterworks to those premises and, upon such determination having been made, the foregoing provisions of this section shall have effect subject to the determination.

(b) Limits shall not be determined under this subsection in relation to a waterworks acquired by agreement save at the request of the sanitary authority or of any person from whom the waterworks or any part thereof was acquired.

(5) Where a charge under this section is by reference to the quantity of water supplied, the sanitary authority are hereby authorised to supply the water by measure and the supply shall be taken by meter.

(6) A charge under this section shall be paid by and recoverable from the person to whom the water is supplied.

(7) A charge under this section for water supplied otherwise than by measure shall be payable in advance by equal half-yearly instalments on the 1st day of April and the 1st day of October and, in default of being paid within two months after becoming payable, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(8) A charge under this section for water supplied by measure shall be payable on demand by the sanitary authority and, in default of being so paid, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(9) A sanitary authority may discontinue a supply of water in respect of which a charge under this section remains unpaid after the expiration of two months after the charge has become 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.

(10) References in this Act, or in any Act incorporated with or amending this Act, to water rates or water rents shall be construed as references to charges under this section.

(11) Any reference in this Act, or in any Act incorporated with or amending this Act, to a supply of water for domestic purposes shall be construed as a reference to a supply of water for ordinary household purposes (for example, drinking, washing and sanitation), whether the supply is or is not to a dwelling-house, but exclusive of—

(a) a supply for agriculture or horticulture,

(b) a supply for any trade, industry or business,

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

(d) a supply for central heating other than central heating of a dwelling-house,

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