Part VE+W FINANCIAL PROVISIONS

CHAPTER IE+W CHARGES

General restrictions on chargingE+W

147 Charging for emergency use of water.E+W

(1)Notwithstanding anything [F1in section 38(2) of the Fire and Rescue Services Act 2004, or anything] in section 142 above or in any charges scheme under section 143 above or in any agreement as to charges in respect of any supply of water, no charge may be made by any water undertaker [F2or water supply licensee] in respect of—

(a)water taken for the purpose of extinguishing fires or taken by a [F3fire and rescue authority] for any other emergency purposes;

(b)water taken for the purpose of testing apparatus installed or equipment used for extinguishing fires or for the purpose of training persons for fire-fighting; or

(c)the availability of water for any purpose mentioned in paragraph (a) or (b) above.

(2)This section shall not prevent the making of charges in respect of work carried out at the request of or for the benefit of any person receiving a supply of water for the purposes mentioned in paragraph (a) or (b) of subsection (1) above.

(3)This section shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of subsection (1) above, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which that water is taken.

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 147(1) inserted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 77(a)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2

F2Words in s. 147(1) inserted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 99; S.I. 2016/465, art. 2(m), Sch. 1 para. 1(q) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)

F3Words in s. 147(1)(a) substituted (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61,{Sch. 1 para. 77(b)}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2

F4S. 147(4) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 54, 61,{Sch. 2}; S.I. 2004/2304, art. 2(2) (subject to savings in art. 3); S.I. 2004/2917, art. 2