Water Act 1989

64 Additional powers of entry for the purposes of Chapter II

(1) Without prejudice to the powers conferred by Part IV of this Act, any person designated in writing for the purpose by a water undertaker may enter any premises for any of the purposes specified in subsection (2) below.

(2) The purposes mentioned in subsection (1) above are—

(a) the carrying out of any survey or tests for the purpose of determining—

(i) whether it is appropriate and practicable for the undertaker to exercise any power under any provision of this Chapter to disconnect any pipe or cut off any supply of water to any premises or to carry out any works which it is authorised to carry out under section 50(4), 51(6) or 63 above; or

(ii) how any such power should be exercised;

(b) the exercise of any such power;

(c) the monitoring and recording of—

(i) whether water supplied to any premises for domestic purposes is wholesome at the time of supply; or

(ii) the quality of the water from any source, or combination of sources, which is or is to be used for supplying water to any premises for those purposes,

and the carrying out of any tests for that purpose.

(3) The power by virtue of subsection (1) above of a person designated by a water undertaker to enter any premises for the purpose of carrying out any survey or tests shall include power to take away such samples of water or effluent or of any land or articles as the undertaker—

(a) considers necessary for the purpose of determining any of the matters mentioned in subsection (2)(a) or (c) above; and

(b) has authorised that person to carry out or take away.

(4) Without prejudice to any power exercisable by virtue of a warrant under section 178 below, no person shall make an entry into any premises by virtue of this section except—

(a) in an emergency; or

(b) at a reasonable time and after the appropriate notice of the intended entry has been given to the occupier of the premises.

(5) In subsection (4) above “the appropriate notice”—

(a) in relation to an entry for a purpose mentioned in subsection (2)(c) above, means twenty-four hours' notice; and

(b) in any other case, means seven days' notice;

and subsections (2) and (3) of section 52 above shall apply for the purposes of any power conferred by virtue of subsection (2)(c)(i) above as they apply for the purposes of that section.