Water Industry Act 1991

[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 [F2of—

(a)a customer,

(b)the person so using that system, or

(c)a person associated with that person].

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

(a)by the water undertaker, or

(b)by a [F3water supply licensee] in pursuance of [F4the licensee's 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.

[F5(8A)For the purposes of this section, a person (A) is associated with another person (B) if they would be associated with each other for the purposes of Schedule 2A if A were a water supply licensee.]

(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 [F6section 17B].]

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)

F2Words in s. 66I(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(2); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F3Words in s. 66I(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(3)(a); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F4Words in s. 66I(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(3)(b); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F6Words in s. 66I(9) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(5); S.I. 2017/462, art. 3(i)(vi)

Modifications etc. (not altering text)