Fire Services Act 1947

14 Supply of water by statutory undertakers. E+W+S

(1) For the purposes of the last foregoing section, a fire authority may enter into an agreement with statutory water undertakers for the taking by the undertakers, on such terms as to payment or otherwise as may be specified in the agreement, of such measures as may be so specified for securing that an adequate supply of water will be available in case of fire; and no water undertakers shall unreasonably refuse to enter into any agreement proposed by a fire authority under this subsection.

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Without prejudice to the generality of the last foregoing subsection, a fire authority, if satisfied that the existing supply of water provided by any statutory water undertakers for domestic and industrial purposes would be likely to be inadequate in case of fire, may enter into an agreement with the undertakers under the last foregoing subsection for the provision of such additional supply of water as may be specified in the agreement.

(3) [F2 The following provisions shall have effect in relation to any fire-hydrant for the time being provided by a water undertaker by being fixed on any pipe of the undertaker, that is to say]

(a) undertakers shall at the expense of the fire authority cause the situation of every fire hydrant provided by the undertakers to be plainly indicated by a notice or distinguishing mark, which may be placed on any wall or fence adjoining a street or public place;

(b) where any such hydrant is damaged as the result of any use made of it, with the authority of the undertakers, not being a use for fire-fighting purposes or for any other purposes of a fire brigade maintained in pursuance of this Act, the fire authority shall not be liable for the cost of repairing or replacing the hydrant incurred as the result of the damage.

[F3 (4) The obligations of a water undertaker under subsections (1) to (3) of this section or any agreement under subsection (1) of this section shall be enforceable under [F4 section 18 of the Water Industry Act 1991] by the Secretary of State.]

(5) Any person who uses a fire hydrant, otherwise than for fire-fighting purposes or for any other purposes of a fire brigade maintained in pursuance of this Act or for any purpose authorised by the undertakers or other persons to whom the hydrant belongs, or who damages or obstructs any fire hydrant, otherwise than in consequence of its use for any such purpose as aforesaid, shall be liable on summary conviction to a fine not exceeding [F5 level 2 on the standard scale].

(6) The Secretary of State may, after consultation with the Central Fire Brigades Advisory Council constituted under this Act, make regulations providing for uniformity in fire hydrants provided by statutory water undertakers and in the notices or marks indicating their situation; and in any case to which regulations under this subsection apply such undertakers shall not be deemed to have complied with their obligations under subsection (3) of this section and the enactments therein referred to unless the hydrants, notices or marks provided by them conform with the regulations.

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1 S. 14(4)(7) do not apply to Scotland see s. 36(22).

Textual Amendments

F1 Words in s. 14(1) repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(3), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F2 Words in s. 14(3) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 9(2)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F3 S. 14(4) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 9(2)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words in s. 14(4) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 4(1)

F5 Words in s. 14(5) substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), Sch. 7D and (S.)(1.4.1996) by 1995 c. 40, ss. 3, 6, Sch. 1 para. 10, Sch. 2 Pt. III, Sch. 5

F6 S. 14(7) repealed by Water Act 1989 (c. 15), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190(3), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I.