70 Offence of supplying water unfit for human consumption.E+W
(1)Subject to subsection (3) below, where a water undertaker supplies water by means of pipes to any premises and that water is unfit for human consumption, the undertaker 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 a fine.
(2)For the purposes of section 210 below and any other enactment under which an individual is guilty of an offence by virtue of subsection (1) above 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.
(3)In any proceedings against any water undertaker for an offence under this section it shall be a defence for that undertaker to show that it—
(a)had no reasonable grounds for suspecting that the water would be used for human consumption; or
(b)took all reasonable steps and exercised all due diligence for securing that the water was fit for human consumption on leaving its pipes or was not used for human consumption.
(4)Proceedings for an offence under this section shall not be instituted except by the Secretary of State or the Director of Public Prosecutions.