[F166JProhibition on unauthorised introduction of waterE+W
(1)Subject to subsections (2) and (3) and section 66K below, no person shall introduce water into a water undertaker’s supply system (other than the undertaker itself).
(2)Subsection (1) above shall not apply where the water is introduced—
(a)by a [F2water supply licensee] in pursuance of its licence, or
(b)by another water undertaker under an agreement for a supply of water in bulk.
(3)The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.
(4)A person who contravenes subsection (1) above shall be guilty of an offence.
(5)Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.
(6)A person guilty of an offence under this section shall be liable [F3on summary conviction, or on conviction on indictment, to a fine].
(7)For the purposes of section 210 below, the penalty on conviction on indictment of an offence under this section shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.
(8)No proceedings for an offence under this section shall be instituted except by—
(a)the Secretary of State; or
(b)the Authority.
(9)The functions of—
(a)making regulations under subsection (3) above; and
(b)instituting proceedings under subsection (8)(a) above,
are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.]
Textual Amendments
F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)
F2Words in s. 66J(2)(a) substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 6(4)
F3Words in s. 66J(6) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 23(2) (with reg. 5(1))
Modifications etc. (not altering text)
C1S. 66J modified (temp.) (22.3.2017) by The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017 (S.I. 2017/462), art. 11(5)
C2S. 66J(1) restricted (1.12.2005) by The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005 (S.I. 2005/3075), reg. 4