Legacy Charging Arrangements
Following deferral of the original implementation date of 1 May 2020, the Commission for Regulation of Utilities (CRU) announced a revised date of 1 May 2021 for the new set of national water and wastewater business charges to come into effect.
Irish Water 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 Irish Water’s non-domestic customers will transition to the standard tariffs that are set out in the Irish Water 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 Irish Water how the provisions set out in the Legacy Charging Agreement are now binding on Irish Water. To do so they will need, amongst other things, to establish that the Legacy Charging Agreement has been specifically transferred to Irish Water by way of a Ministerial Order or that the Legacy Charging Agreement relates to land or other property which has vested in Irish Water by way of a Ministerial Order.
Irish Water has compiled a process document in an effort to set out clearly how Irish Water will make a determination as to whether it is legally bound to honour a Legacy Charging Arrangement.
The ‘Legacy Charging Arrangement – Irish Water Process’ sets out clearly how Irish Water will make a determination as to whether it is legally bound to honour a Legacy Charging Arrangement.
In summary, Irish Water will consider itself bound by a Legacy Charging Arrangement where all of the following criteria are fulfilled:
- The Applicant can demonstrate to Irish Water 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 Irish Water 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 Irish Water pursuant to sections 12, 13 or 14 of the Water Services (No. 2) Act 2013; and
- Irish Water 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 Irish Water’s Non-Domestic Tariff Framework.
To make an application in relation to a Legacy Charging Arrangement please click on Submit an application.