Reservoirs Act 1975

22 Criminal liability of undertakers and their employees. E+W+S

(1) If—

(a) by the wilful default of the undertakers any of the provisions of section 6, 8(3), 9(1), (2) or (3), 10(1) or (6), 11, 12(1), 13 or 14(1) or (2) above is not observed or complied with in relation to a large raised reservoir; [F1 or]

(b) the undertakers fail to comply with a notice from the enforcement authority under section 8, 9, 10, 12 or 14 above;

then unless there is reasonable excuse for the default or failure, the undertakers shall be guilty of an offence and liable on conviction on indictment or on summary conviction to a fine, which on summary conviction shall not exceed £400.

[F2 (c) the undertakers fail to comply with a direction under section 12A above;]

[F3 (1A) If the undertakers fail without reasonable excuse to comply with a notice under section 12B above, they shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.]

(2) If, in the case of any large raised reservoir, the undertakers fail without reasonable excuse to give the enforcement authority in due time any notice required by this Act to be given by them to that authority, the undertakers shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4 level 4 on the standard scale].

(3) If, in the case of any large raised reservoir, the undertakers or persons employed by them without reasonable excuse refuse or knowingly fail to afford to any person the facilities required by section 21(5) above or to furnish to any person the information and particulars so required, the undertakers shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4 level 4 on the standard scale].

(4) If for purposes of section 21(5) above a person makes use of any document or furnishes any information or particulars which he knows to be false in a material respect, or recklessly makes use of any document or furnishes any information or particulars which is or are false in a material respect, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4 level 5 on the standard scale].

(5) Where an offence committed by a body corporate under this section is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(6) In England and Wales proceedings for an offence under this section may be instituted [F5 only by the [F6 appropriate agency] or ] the Secretary of State or by or with the consent of the Director of Public Prosecutions.

Textual Amendments

F1 Word in s. 22(1)(a) repealed (E.W.) (1.10.2004) by Water Act 2003 (c. 37), ss. 79(2), 105(3), Sch. 9 Pts. 3; S.I. 2004/2528, art. 2(o)(u)

F2 S. 22(1)(c) inserted (E.W.) (1.10.2004) by Water Act 2003 (c. 37), ss. 79(2), 105(3); S.I. 2004/2528, art. 2(o) (with Sch. para. 8)

F3 S. 22(1A) inserted (E.W.) (1.10.2004) by Water Act 2003 (c. 37), ss. 79(3), 105(3); S.I. 2004/2528, art. 2(o) (with Sch. para. 8)

F4 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F, 289G

F5 Words in s. 22(6) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 74(1)(d), 105(3); S.I. 2004/2528, art. 2(k) (with Sch. para. 8)

F6 Words in s. 22(6) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 122 (with Sch. 7)

Modifications etc. (not altering text)

C1 S. 22 modified by S.I. 1985/176, art. 2(3)(ii), Sch. and 1986/466, art. 2(2), Schs. 1, 2