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Performance of functions by local authorities on behalf of Irish Water
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31. (1) Irish Water may make an agreement with a local authority for the performance on behalf of Irish Water by that local authority of such functions of Irish Water as may be specified in the agreement.
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(2) The Minister may, by direction in writing, require Irish Water and a local authority to make an agreement with one another for the performance on behalf of Irish Water by that local authority of such functions of Irish Water as may be specified in the direction.
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(3) Both Irish Water and a local authority to whom a direction under subsection (2) is given shall comply with that direction.
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(4) (a) Subject to paragraph (b), an agreement under subsection (1) or (2) shall cease to have effect 12 years after its making.
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(b) Provision may be made in an agreement under subsection (1) or (2) in relation to its termination before the expiration of the period specified in paragraph (a).
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(5) Irish Water and a local authority may make a further agreement or agreements in respect of any period after the expiration of an agreement between them first made under subsection (1).
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(6) Irish Water and each local authority with whom it has made an agreement to which subsection (1) or (2) applies shall—
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(a) not later than 2 years after the making of the agreement conduct a review of the operation of the agreement, and
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(b) not later than 7 years after the making of the agreement conduct a further review of the operation of the agreement.
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(7) Without prejudice to the generality of subsections (1), (2) and (5) an agreement to which any of those subsections applies may include provision in relation to the following:
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(a) the reimbursement of the local authority by Irish Water in respect of expenditure incurred by the local authority in the performance of functions pursuant to the agreement;
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(b) standards that the local authority shall meet in the performance of those functions;
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(c) the resolution of disagreements between the local authority concerned and Irish Water in relation to the performance of those functions; and
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(d) the performance by a local authority of functions of Irish Water in, or in relation to, the administrative area (within the meaning of the Act of 2001) of another local authority.
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(8) The functions of Irish Water shall be performable on behalf of Irish Water by a local authority with whom it has made an agreement under subsection (1) or (5) or pursuant to a direction under subsection (2)—
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(a) in accordance with that agreement (including any limitations specified in the agreement as to the area, period in which, or extent to which the local authority shall perform those functions), and
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(b) for the period only in respect of which the agreement remains in effect.
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(9) A provision of or under this Act or any other enactment (whether passed or made before or after the passing of this Act) that vests functions in Irish Water or regulates the manner in which any function is to be performed shall have effect, for the purposes of the performance of that function by the local authority in accordance with subsection (8), and references in any such provision to Irish Water shall for the purposes of the performance of the function by the local authority be construed as including references to the local authority.
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