OffencesE+W
33.—(1) A water undertaker or [F1wholesale licensee] which contravenes regulation 26(1) or (4) or the terms of a notice served under regulation 28(4)(d) is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.
(2) In any proceedings against a water undertaker or [F1wholesale licensee] for an offence under paragraph (1), it is a defence for that water undertaker or [F1wholesale licensee] to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(3) A water undertaker or [F1wholesale licensee] which—
(a)applies or introduces any substance or product in contravention of regulation 31(1) or a notice given under regulation 31(8), or
(b)uses any process in contravention of a prohibition imposed under regulation 32(1) or without complying with a condition imposed by virtue of regulation 32(2),
is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.
(4) If any person, in furnishing any information or making an application under regulation 31 or 32, makes any statement which that person knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, that person is guilty of an offence and liable on summary conviction, or on conviction on indictment, to a fine.
(5) Proceedings for an offence under paragraph (4) must not be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Textual Amendments
F1Words in regs. 31-34 substituted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 32(4)