C2C3C4 Part III WATER SUPPLY

Annotations:
Modifications etc. (not altering text)
C2

Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).

C3

Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).

F1CHAPTER 2ASUPPLY DUTIES ETC: LICENSED WATER SUPPLIERS

Annotations:
Amendments (Textual)
F1

Pt. 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)

Offences

66IProhibition on unauthorised use of supply system

C11

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.