Legacy arrangements
Some business customers may have a legacy charging arrangement with their Local Authority or water service authority.
Following deferral of the original implementation date of 1 May 2020, the Commission for Regulation of Utilities (CRU) announced a revised date of 1 October 2021 for the new set of national water and wastewater business charges to come into effect.
Uisce Éireann expects that there will only be a very small number of Applications made to it in relation to Legacy Charging Arrangements and that the vast majority of Uisce Éireann’s non-domestic customers will transition to the standard tariffs that are set out in the Uisce Éireann Non-Domestic Tariff Framework. The strict legal criteria under which a Legacy Charging Arrangement will be assessed are set out below and should be reviewed in full.
It is important to bear in mind that every Applicant will need to demonstrate to Uisce Éireann how the provisions set out in the Legacy Charging Agreement are now binding on Uisce Éireann. To do so they will need, amongst other things, to establish that the Legacy Charging Agreement has been specifically transferred to Uisce Éireann by way of a Ministerial Order or that the Legacy Charging Agreement relates to land or other property which has vested in Uisce Éireann by way of a Ministerial Order.
Uisce Éireann has compiled a process document in an effort to set out clearly how Uisce Éireann will make a determination as to whether it is legally bound to honour a Legacy Charging Arrangement.
Process
The ‘Legacy Charging Arrangement – Uisce Éireann Process’ sets out clearly how Uisce Éireann will make a determination as to whether it is legally bound to honour a Legacy Charging Arrangement.
In summary, Uisce Éireann will consider itself bound by a Legacy Charging Arrangement where all of the following criteria are fulfilled:
- The Applicant can demonstrate to Uisce Éireann that the Legacy Charging Arrangement has clear terms (including in relation to price) which set out the basis on which a water services authority was to supply water and/or provide waste water services; and
- The Applicant can demonstrate to Uisce Éireann that consideration for money or money's worth was provided to the water services authority for the supply of water and/or the provision of waste water services on those terms; and
- The rights and liabilities in the Legacy Charging Arrangement have transferred to Uisce Éireann pursuant to sections 12, 13 or 14 of the Water Services (No. 2) Act 2013; and
- Uisce Éireann is satisfied that on the balance of probabilities the evidence provided establishes the existence and the terms of the Legacy Charging Arrangement.
The Process relates to Legacy Charging Arrangements only and does not have any bearing on, or relevance to, the other matters set out in Uisce Éireann’s Non-Domestic Tariff Framework.
Apply for a review
You can apply to Uisce Éireann to review an existing arrangement that contains terms and tariffs that are different to the new tariffs. To do this download and complete the Legacy Charging Agreement application form. Send the completed form along with copies (no originals) of relevant documentation to Uisce Éireann:
- Email business@water.ie
- Post it to Uisce Éireann, P.O. Box 860, South City Delivery Office, Cork City, Cork