Water Industry Act 1991

[F1 76A Temporary bans: supplemental E+W

(1) A prohibition may—

(a) apply to one or more specified uses of water generally or only in specified cases or circumstances (which may be specified by reference to classes of user, timing or in any other way);

(b) be subject to exceptions (which may be absolute or conditional, and may be specified by reference to classes of user, timing or in any other way).

(2) The Minister may by order—

(a) provide for exceptions to a category of use in section 76(2) (whether or not added under section 76(3));

(b) provide that a specified activity, or an activity undertaken in specified circumstances, is to be or not to be treated as falling within a category of use in section 76(2) (whether or not added under section 76(3));

(c) define a word or phrase used in section 76(2) (whether or not added under section 76(3)).

(3) In particular, an order may—

(a) restrict a category of use by reference to how water is drawn;

(b) frame an exception by reference to ownership of land by a specified person or class of person;

(c) provide for a process that involves the use of a hosepipe at any point to be included in the meaning of “using a hosepipe”;

(d) provide for a reference to a thing to include a reference to something that is or may be used in connection with it (such as, for example, for a reference to a vehicle to include a reference to a trailer).

(4) In this section and section 76 “the Minister” means—

(a) the Secretary of State in relation to prohibitions which may be issued by water undertakers whose areas are wholly or mainly in England, and

(b) the Welsh Ministers in relation to prohibitions which may be issued by water undertakers whose areas are wholly or mainly in Wales.

(5) Subject to provision under subsection (2), a reference to a hosepipe in section 76 includes a reference to anything designed, adapted or used to serve the same purpose as a hosepipe.]

Textual Amendments

F1 Ss. 76-76C substituted for s. 76 (1.9.2010 for specified purposes, 1.10.2010 in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), ss. 36, 49(3) (with s. 49(1)(6)); S.I. 2010/2169, arts. 3(3), 4, Sch. (with art. 5)