Water (Special Measures) Act 2025

6 Impeding investigations: sentencing and liability

(1) In section 110 of the Environment Act 1995 (offences of impeding investigation by environmental regulator)—

(a) after subsection (3C) insert—

“(3D) Subsection (3E) applies to an offence under subsection (1) or (2) if the exercise or performance of a power or duty to which the offence relates—

(a) was that of a person authorised by the Agency or the Natural Resources Body for Wales, and

(b) was in respect of the operations of—

(i) a water undertaker or sewerage undertaker, or

(ii) a water supply licensee or sewerage licensee within the meaning of the Water Industry Act 1991.

(3E) The person guilty of the offence is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.”;

(b) in subsection (4), after “above” insert “(except one to which subsection (3E) applies)”;

(c) in subsection (5), after “above” insert “(except one to which subsection (3E) applies)”;

(d) after subsection (5H) insert—

“(5I) Where an offence to which subsection (3E) applies is committed by a body corporate and—

(a) is committed with the consent or connivance of a relevant officer, or

(b) is attributable to the neglect of a relevant officer,

the relevant officer also commits the offence.

(5J) In subsection (5I), “relevant officer” means—

(a) a director, executive, manager, secretary or other similar officer of the body corporate concerned,

(b) if the affairs of the body are managed by its members, a member exercising functions of management, or

(c) any person purporting to act in a capacity within paragraph (a) or (b).”

(2) In section 86(6) of the Water Industry Act 1991 (offences of impeding investigation by drinking water inspector)—

(a) after “fails” insert “without reasonable excuse”;

(b) for the words from “on summary conviction” to the end substitute “—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.”

(3) The amendments made by this section have effect only in relation to offences committed on or after the day on which this section comes into force.