Water Act 1989

Offences of tampering with meters etc.

3 (1) If any person—

(a) so interferes with a meter used by any water undertaker or sewerage undertaker in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or

(b) carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,

he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) A person shall not be guilty of an offence under sub-paragraph (1) above in respect of anything done by him with the consent of the undertaker who uses the meter.

(3) Where an application is made to any water undertaker or sewerage undertaker for a consent for the purposes of sub-paragraph (2) above, the undertaker—

(a) shall give notice of its decision with respect to the application as soon as reasonably practicable after receiving it; and

(b) may make it a condition of giving any consent that the undertaker itself should carry out so much of any works to which the application relates as is specified in the notice of its decision;

but on such an application the undertaker shall not refuse its consent, or impose any such condition as is mentioned in paragraph (b) above, unless it is reasonable to do so.

(4) Where any water undertaker or sewerage undertaker has given a notice to any person imposing any such condition as is mentioned in sub-paragraph (3)(b) above, then, unless that person notifies the undertaker that the carrying out of the works to which the condition relates is no longer required, the undertaker—

(a) shall carry out those works as soon as reasonably practicable after giving the notice; and

(b) may recover from that person any expenses reasonably incurred by it in doing so.

(5) Any person who sustains any loss or damage in consequence of any failure by any water undertaker or sewerage undertaker—

(a) to comply with any obligation imposed on it by this paragraph; or

(b) to exercise reasonable care in the performance of the duty imposed by sub-paragraph (4)(a) above,

shall be entitled to recover compensation from the undertaker.

(6) A water undertaker or sewerage undertaker which carries out any works made necessary by the commission of an offence under sub-paragraph (1) above shall be entitled to recover any expenses reasonably incurred in carrying out those works from the person who committed the offence.