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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 85.2 Order To Discontinue A Supply Of Water For Domestic Purposes - Local Government (Delimitation Of Water Supply Disconnection Powers) Act, 1995.

No. 85.2

O.85, r.5

Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995.

Order to discontinue a supply of water for domestic purposes

District Court of

District No.

......... Applicant

......... Respondent

UPON HEARING an application to this Court on the ... day of ......... 19...., by the above named Applicant who is the sanitary authority for the supply of water for domestic purposes to the above named respondent, *the owner, *the occupier of premises at .........., in the Court Area and District aforesaid for an order pursuant to section 3 (2) of the above mentioned Act.

AND THE COURT being satisfied

*that a charge remains wholly unpaid,

*that a charge remains partly unpaid,

*that there has been default on payments due under an instalment order made pursuant to the Enforcement of Court Orders Acts, 1926 and 1940 said instalment order having been served on the .........

*that all the conditions set out in the Schedule to the Act have been complied with whether before or after the commencement of the Act,

*that the sanitary authority has not waived all or portion of a charge in respect of such supply of water in accordance with section 65A(3) of the Act of 1878, as inserted by section 7 of the Local Government (Sanitary Services) Act, 1962,

*that notice of this application was served on the respondent

*that the default in payment of the charge by the consumer was not due to hardship.

AND HAVING considered the personal and household circumstances of the respondent.

THE COURT HEREBY AUTHORISES the sanitary authority to discontinue the supply of water for domestic purposes to the premises at ........

AND THE COURT FURTHER ORDERS that the respondent shall pay to the applicant the sum of £ , being the costs and expenses, measured by this Court, incurred by the applicant in and incidental to, its application for this order, there being no special and substantial reasons for not doing so.

Dated this .... day of ...... 19....

Signed ..................

Judge of the District Court

* Delete words inapplicable