- Latest available (Revised)
- Original (As enacted)
Water Industry Act 1991, Section 70 is up to date with all changes known to be in force on or before 16 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to subsection (3) below, where a [F1water undertaker’s supply system is used for the purposes of supplying water] to any premises and that water is unfit for human consumption, [F2the relevant persons] shall be guilty of an offence and liable [F3on summary conviction, or on conviction on indictment, to a fine].
[F4(1A)For the purposes of subsection (1) above, the relevant persons are—
(a)the water undertaker whose supply system is used for the purposes of supplying the water (in this section referred to as the “primary water undertaker”); and
(b)any employer of persons, or any self-employed person, who is concerned in the supply of the water.]
(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 [F5relevant person] for an offence under this section it shall be a defence for [F6that person] 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 [F7the primary water undertaker's] pipes or was not used for human consumption.
[F8(3A)For the purposes of paragraph (b) of subsection (3) above—
(a)in the case of proceedings against a primary water undertaker, showing that the undertaker took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that the relevant arrangements were reasonable in all the circumstances; and
(b)in the case of proceedings against any other relevant person, showing that the person took all reasonable steps and exercised all due diligence as mentioned in that paragraph includes (among other things) showing that it took all reasonable steps and exercised all due diligence for securing that all aspects of the relevant arrangements for which it was responsible were properly carried out.
(3B)In subsection (3A) above, “relevant arrangements” means arrangements made by the primary water undertaker to ensure that all other relevant persons were required to take all reasonable steps and exercise all due diligence for securing that the water was fit for human consumption on leaving the undertaker’s 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.
Textual Amendments
F1Words in s. 70(1) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(2)(a); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)
F2Words in s. 70(1) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(2)(b); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)
F3Words in s. 70(1) 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(3) (with reg. 5(1))
F4S. 70(1A) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(3); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)
F5Words in s. 70(3) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(4)(a); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)
F6Words in s. 70(3) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(4)(b); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch. )
F7Word in s. 70(3)(b) substituted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(4)(c); S.I. 2004/2528, art. 2(t)(iv) (with art. 4)
F8S. 70(3A)(3B) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 20(5); S.I. 2004/2528, art. 2(t)(iv) (with art. 4, Sch.)
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?
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 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 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: