Amendment of Schedule 216
In Schedule 21, in paragraph 6—
a
in sub-paragraph (5), for the words “A sewerage undertaker” substitute “In relation to Wales, a sewerage undertaker”
;
b
after sub-paragraph (5) insert—
5A
In relation to England, a sewerage undertaker is not guilty of an offence under regulation 38(1) or (2) in relation to a water discharge activity that consists of a discharge of sewage effluent from a sewer or works vested in it if—
a
the contravention is attributable to a discharge which another person caused or knowingly permitted to be made into the sewer or works,
b
the undertaker either was not bound to receive the discharge into the sewer or works or was bound to receive it there subject to conditions which were not observed, and
c
the undertaker could not reasonably have been expected to prevent the discharge into the sewer or works.