Water Industry Act 1991

Defaults in relation to evidence U.K.

[F1 10 (1) This paragraph applies if a person (“the defaulter”)—

(a) fails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8,

(b) in complying with a notice under paragraph 8, makes a statement that is false in any material particular, or

(c) in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular.

(2) An authorised member of the CMA may certify the failure, or the fact that such a false statement has been made or such false information has been given, to the High Court.

(3) The High Court may inquire into a matter certified to it under this paragraph and if, after having heard—

(a) any witness against or on behalf of the defaulter, and

(b) any statement in the defaulter’s defence,

it is satisfied that the defaulter, without reasonable excuse, failed to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person had been guilty of contempt of court.

(4) Where the High Court has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body).

(5) A person who wilfully alters, suppresses or destroys a document that the person has been required to produce under paragraph 6 is guilty of an offence and shall be liable—

(a) on summary conviction to a fine;

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

Textual Amendments

F1 Sch. 2ZA inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(6), 147(3), Sch. 13 (with s. 144); S.I. 2022/48, reg. 2(m)