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Public Utility Transfers and Water Charges Act 1988

Status:

This is the original version (as it was originally enacted).

7(1)If any person—

(a)so interferes with a meter used by any water undertakers in determining the amount of any charges fixed in relation to any premises as intentionally or recklessly to prevent the meter from showing, or from accurately showing, the volume of water supplied to, or of effluent discharged from, those premises; or

(b)carries out any works which he knows are likely to affect the operation of such a meter or which require the disconnection of such a meter,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)A person shall not be guilty of an offence under sub-paragraph (1) above in respect of anything done by him with the consent of the undertakers who use the meter.

(3)Where an application is made to any water undertakers for a consent for the purposes of sub-paragraph (2) above the undertakers—

(a)shall give notice of their decision with respect to the application as soon as reasonably practicable after receiving it; and

(b)may make it a condition of giving any consent that they themselves should carry out so much of any works to which the application relates as is specified in the notice of their decision;

but on such an application the undertakers shall not refuse their consent, or impose any such condition as is mentioned in paragraph (b) above, unless it is reasonable to do so.

(4)Where any water undertakers have given a notice to any person imposing any such condition as is mentioned in sub-paragraph (3)(b) above, then, unless that person notifies the undertakers that the carrying out of the works to which the condition relates is no longer required, the undertakers—

(a)shall carry out those works as soon as reasonably practicable after giving the notice; and

(b)may recover from that person any expenses reasonably incurred by them in doing so.

(5)Any person who suffers any loss or damage in consequence of any failure by any water undertakers—

(a)to comply with any obligation imposed on them by this paragraph; or

(b)to exercise reasonable care in the performance of the duty imposed by sub-paragraph (4)(a) above,

shall be entitled to recover compensation from the undertakers.

(6)Water undertakers who carry out any works made necessary by the commission of an offence under sub-paragraph (1) above shall be entitled to recover the reasonable expenses of carrying out those works from the person who committed the offence.

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