C2C3C4C5C7 Part III WATER SUPPLY
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).
Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
C6F1CHAPTER 2AF5Supply duties etc: water supply licensees
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)
S. 66A-66C and cross-heading substituted (1.4.2017 for the substitution of ss. 66A, 66AA, 66C) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 1; S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)
Pt. 3 Ch. 2A applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 38
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 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
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.
F68A
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 F7section 17B.
Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).