Water Act 1945

Duty of undertakers as respects constant supply and pressure.

39 (1) Subject as hereinafter provided, the undertakers shall cause the water in all pipes on which hydrants are fixed, or which are used for giving supplies for domestic purposes, to be laid on constantly and at such a pressure as will cause the water to reach to the top of the top-most storey of every building within the limits of supply:

Provided that—

(a) nothing in this section shall require them to deliver water at a height greater than that to which it will flow by gravitation through their mains from the service reservoir or tank from which the supply in question is taken; and

(b) they may in their discretion determine the service reservoir or tank from which any supply is to be taken.

(2) If the undertakers fail to comply with the foregoing requirements of this section, except when prevented by frost, drought, unavoidable accident or other unavoidable cause, or during the execution of necessary works, they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable to a fine not exceeding ten pounds and to a further fine hot exceeding forty shillings for each day during which the failure continues after notice thereof from that person.;

Provided that proceedings for the recovery of a fine shall not be instituted under this subsection by more than one person in respect of the same period of failure.