C2C3C4C5C8 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).

C5

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

C8

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 2AF4Supply 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)

F4

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

C766JProhibition on unauthorised introduction of water

C11

Subject to subsections (2) and (3) and section 66K below, no person shall introduce water into a water undertaker’s supply system (other than the undertaker itself).

2

Subsection (1) above shall not apply where the water is introduced—

a

by a F3water supply licensee in pursuance of its licence, or

b

by another water undertaker under an agreement for a supply of water in bulk.

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 F2on summary conviction, or on conviction on indictment, to a fine.

7

For the purposes of section 210 below, the penalty on conviction on indictment of an offence under this section shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.

8

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

a

the Secretary of State; or

b

the Authority.

9

The functions of—

a

making regulations under subsection (3) above; and

b

instituting proceedings under subsection (8)(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.