Water Industry Act 1991

Valid from 01/04/2004

[F166IProhibition on unauthorised use of supply systemE+W

(1)Subject to subsections (2) and (3) and section 66K below, no person shall use a water undertaker’s supply system for the purpose of supplying water to any premises of a customer.

(2)Subsection (1) above shall not apply where the supply is made—

(a)by the water undertaker, or

(b)by a licensed water supplier in pursuance of its licence.

(3)The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.

(4)A person who contravenes subsection (1) above shall be guilty of an offence.

(5)Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.

(6)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

(7)No proceedings for an offence under this section shall be instituted except by—

(a)the Secretary of State, or

(b)the Authority.

(8)The functions of—

(a)making regulations under subsection (3) above; and

(b)instituting proceedings under subsection (7)(a) above,

are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.

(9)In this section and sections 66J and 66L below, references to the supply system of a water undertaker shall be construed in accordance with section 17B(5) above.]

Textual Amendments

F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)

Modifications etc. (not altering text)