C1C2C7C6C4 Part III WATER SUPPLY

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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).

C6

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

C4

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))

C5F1CHAPTER 2AF6Supply duties etc: water supply licensees

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)

F6

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)

Modifications etc. (not altering text)

Offences

66IProhibition on unauthorised use of supply system

C31

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 F3of—

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 F5water supply licensee in pursuance of F7the 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.

F48A

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 F2section 17B.