C1C2 Part VI UNDERTAKERS ’ POWERS AND WORKS

Annotations:
Modifications etc. (not altering text)
C1

Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)

CHAPTER II PROTECTION OF UNDERTAKERS’ WORKS, APPARATUS ETC.

Protection of apparatus in general

174 Offences of interference with works etc.

Subject to subsection (2) below, if any person without the consent of the water undertaker—

1

a

intentionally or recklessly interferes with any resource main, water main or other pipe vested in any water undertaker or with any structure, installation or apparatus belonging to any water undertaker; or

b

by any act or omission negligently interferes with any such main or other pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

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

F11A

Subject to subsection (2) below, if any person without the consent of F17the water supply licensee—

a

intentionally or recklessly interferes with any pipe or any structure, installation or apparatus which—

i

is vested in F13any water supply licensee (in the case of a pipe) or belongs to F24any such licensee (in any other case); and

ii

is used in connection with the carrying on by F28the licensee of the activities authorised by F22the licensee's licence; or

b

by any act or omission negligently interferes with any such pipe or with any such structure, installation or apparatus so as to damage it or so as to have an effect on its use or operation,

that person 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 subsection (1) F2or (1A) above—

a

by reason of anything done in an emergency to prevent loss or damage to persons or property; or

b

by reason of his opening or closing the stopcock fitted to a service pipe by means of which water is supplied to any premises by a water undertaker F3or F32water supply licensee if—

i

he has obtained the consent of every consumer whose supply is affected by the opening or closing of that stopcock or, as the case may be, of every other consumer whose supply is so affected; and

ii

in the case of opening a stopcock, F4subsection (2A) below applies.

F52A

This subsection applies—

a

in the case of a stopcock belonging to a water undertaker, if the stopcock was closed otherwise than by the undertaker;

b

in the case of a stopcock belonging to F30a water supply licensee—

i

if the stopcock was closed otherwise than by F23the licensee; or

ii

if the stopcock was closed by F25the licensee and the person in question for the purposes of subsection (2) above is the water undertaker whose supply system is used for the purpose of the supply made by F25the licensee,

and in this subsection the reference to the supply system of a water undertaker shall be construed in accordance with F27section 17B above.

3

Any person who, without the consent of the water undertaker—

a

attaches any pipe or apparatus—

i

to any resource main, water main or other pipe vested in a water undertaker; or

ii

to any service pipe which does not belong to such an undertaker but which is a pipe by means of which water is supplied by such an undertaker to any premises;

b

makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

c

subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this F6subsection,

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

F73A

Any person who, without the consent of F18the water supply licensee—

a

attaches any pipe or apparatus to any pipe which is—

i

vested in F29a water supply licensee; and

ii

used in connection with the carrying on by F20the licensee of the activities authorised by F14the licensee's licence;

b

attaches any pipe or apparatus to any service pipe which does not belong to such F31a licensee or a water undertaker but which is a pipe by means of which water is supplied by such F31a licensee to any premises;

c

makes any alteration in a service pipe by means of which water is so supplied, or in any apparatus attached to any such pipe; or

d

subject to subsection (4) below, uses any pipe or apparatus which has been attached or altered in contravention of this subsection,

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

4

In proceedings against any person for an offence by virtue of paragraph (c) of subsection (3) above F8or paragraph (d) of subsection (3A) above it shall be a defence for that person to show that he did not know, and had no grounds for suspecting, that the pipe or apparatus in question had been attached or altered as mentioned in F9subsection (3) or (3A) above (as the case may require).

5

If any person wilfully or negligently injures or suffers to be injured any water fitting belonging to a water undertaker, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

F105A

If any person wilfully or negligently injures or suffers to be injured any water fitting which—

a

belongs to F26a water supply licensee; and

b

is used in connection with the carrying on by F15the licensee of the activities authorised by F16the licensee's licence,

he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

6

An offence under subsection (1) or (3) above shall constitute a breach of a duty owed to the water undertaker in question; and any such breach of duty which causes the undertaker to sustain loss or damage shall be actionable at the suit of the undertaker.

7

The amount recoverable by virtue of subsection (6) above from a person who has committed an offence under subsection (3) above shall include such amount as may be reasonable in respect of any water wasted, misused or improperly consumed in consequence of the commission of the offence.

8

A water undertaker may—

a

do all such work as is necessary for repairing any injury done in contravention of subsection (5) above; and

b

recover the expenses reasonably incurred by the undertaker in doing so from the offender summarily as a civil debt.

F118A

In this section “consumer”—

a

in relation to a supply of water provided by a water undertaker to any premises, means a person who is for the time being the person on whom liability to pay charges to the undertaker in respect of that supply of water would fall;

b

in relation to a supply of water provided by F21a water supply licensee to any premises, means a person who is for the time being the person on whom liability to pay charges to F19the licensee in respect of that supply of water would fall.

9

In this section F12“water fitting” has the same meaning as in Part III of this Act; and in subsection (1) above the references to apparatus belonging to a water undertaker do not include references to any meter which belongs to such an undertaker and is used by it for the purpose of determining the amount of any charges which have been fixed by the undertaker by reference to volume.