District Court Rules

ORDER 85

WATER DISCONNECTION RULES

Definitions

1. In this Order—

‘the Act of 1962’ means the Local Government (Sanitary Services) Act, 1962 (No 26 of 1962);

‘authorised person’ means a person who is appointed in writing by a Sanitary Authority to be an authorised person for the purposes of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995.

‘consumer’ means the occupier of premises for which a supply of water for domestic purposes is provided or, where the premises are either unoccupied or are not owned by a local authority and comprise more than one dwelling, the owner of the premises;

‘the court’ means the District Court;

‘section 65A of the Act of 1878’ means the section inserted by section 7 of the Act of 1962 into the Public Health (Ireland) Act, 1878 and amended by section 8 of the Local Government (Financial Provisions) (No 2) Act, 1983;

‘water discontinuance order’ means an order under section 3 of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995.

Notice of application

2. An application by the sanitary authority for an order under section 3(2) of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 may be made at any sitting of the court for the court area wherein the supply of water for domestic purposes is provided to the consumer. Notice of such application shall be in the Form 85.1, Schedule C and shall be served on the respondent by prepaid registered post at least 21 days prior to the date fixed for hearing the application.

Notice — lodgment

When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the District Court Clerk at least seven days prior to the said date for hearing.

Order

3. The order of the court granting the application shall be in the Form 85.2, Schedule C.

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