- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (05/12/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 05/12/2022.
Water Industry Act 1991, Cross Heading: Protection of meters is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If any person—
(a)so interferes with a meter used by any relevant undertaker [F1, water supply licensee or sewerage licensee] in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or
(b)carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,
he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2)A person shall not be guilty of an offence under this section in respect of anything done by him with the [F2appropriate consent] .
[F3(3)In subsection (2) above, the “appropriate consent” means—
(a)if the meter is used by one relevant undertaker, the consent of that undertaker;
[F4(b)if the meter is used by one water supply licensee, the consent of that licensee;
(ba)if the meter is used by one sewerage licensee, the consent of that licensee;]
(c)if the meter is used by two or more of the following persons—
(i)a relevant undertaker;
[F5(ii)a water supply licensee;
(iii)a sewerage licensee,]
the consent of each of those persons.
(4)In subsection (3) above, references to the consent of a relevant undertaker are references to consent under section 176 below.]
Textual Amendments
F1Words in s. 175(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(2); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F2Words in s. 175(2) substituted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 40(3); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)
F3S. 175(3)(4) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 40(4); S.I. 2005/2714, art. 3(b) (with Sch. para. 8)
F4S. 175(3)(b)(ba) substituted for s. 175(3)(b) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(3)(a); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
F5S. 175(3)(c)(ii)(iii) substituted for s. 175(3)(c)(ii) (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 109(3)(b); S.I. 2016/465, art. 2(m), Sch. 1 para. 1(v) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
(1)Where an application is made to any relevant undertaker for a consent for the purposes of section 175 above, the undertaker—
(a)shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and
(b)subject to subsection (2) below, may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision.
(2)On such an application a relevant undertaker shall not refuse its consent, or impose any such condition as is mentioned in subsection (1)(b) above, unless it is reasonable to do so.
(3)Where any relevant undertaker has given a notice to any person imposing any such condition as is mentioned in subsection (1)(b) above, the undertaker—
(a)shall carry out those works as soon as reasonably practicable after giving the notice; and
(b)may recover from that person any expenses reasonably incurred by it in doing so.
(4)Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a)as to whether the undertaker or that other person should bear any expenses under subsection (3) above; or
(b)as to the amount of any expenses to be borne by any person under that subsection,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.
(5)Subsection (3) above shall not apply where the person who was given the notice notifies the undertaker that the carrying out of the works to which the condition relates is no longer required.
(1)A relevant undertaker which carries out any works made necessary by the commission of an offence under section 175 above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.
(2)Any person who sustains any loss or damage in consequence of any failure by any relevant undertaker—
(a)to comply with any obligation imposed on it by section 176 above; or
(b)to exercise reasonable care in the performance of the duty imposed by subsection (3)(a) of that section,
shall be entitled to recover compensation from the undertaker.
(3)Any dispute between a relevant undertaker and any other person (including another such undertaker)—
(a)as to whether the undertaker or that other person should bear any expenses under this section;
(b)as to whether the undertaker should pay any compensation under this section; or
(c)as to the amount of any expenses to be borne by any person under this section or as to the amount of any such compensation,
shall be referred to the arbitration of a single arbitrator appointed by agreement between the undertaker and that person or, in default of agreement, by the Director.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys