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6. In Schedule 21, in paragraph 6—
(a)in sub-paragraph (5), for the words “A sewerage undertaker” substitute “In relation to Wales, a sewerage undertaker”;
(b)after sub-paragraph (5) insert—
“(5A) In relation to England, a sewerage undertaker is not guilty of an offence under regulation 38(1) or (2) in relation to a water discharge activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—
(a)the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,
(b)the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and
(c)the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.”.
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