Pat Gallagher (Donegal South West, Fianna Fail)

The purpose of this amendment is to ensure the powers under section 52 to recover sums due can be duly assigned to any person performing a function under the Act. Section 52 provides generally that a county or city council acting in its capacity as a water services authority or its agent may recover any sum due to the authority either through the courts or by deduction from any other moneys owed by the council to the debtor or, as appropriate, by registering a charge on a premises owned by a debtor.

Subsection (6) enables the Minister, by regulations, to assign the powers to recover moneys under this section to other persons. As currently worded, however, this could be interpreted as only applying to the recovery of moneys owed to a water services authority whereas it is intended the regulations could specify other persons to whom a sum is due under the Act, and it could use the powers available under section 52 to effect that recovery.