PART 8Water Treatment

Offences33

1

A water undertaker or supplementary licensee which contravenes regulation 26(1) or (4) or the terms of a notice served under regulation 28(4)(d) will be 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 supplementary licensee for an offence under paragraph (1), it will be a defence for that water undertaker or supplementary 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 supplementary 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),

will be 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 any application under regulation 31 or 32, makes any statement which he or she 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) will not be instituted except by or with the consent of the Welsh Ministers or the Director of Public Prosecutions.