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Water Industry Act 1991

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[F166JProhibition on unauthorised introduction of waterE+W

(1)Subject to subsections (2) and (3) and section 66K below, no person shall introduce water into a water undertaker’s supply system (other than the undertaker itself).

(2)Subsection (1) above shall not apply where the water is introduced—

(a)by a licensed water supplier in pursuance of its licence, or

(b)by another water undertaker under an agreement for a supply of water in bulk.

(3)The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.

(4)A person who contravenes subsection (1) above shall be guilty of an offence.

(5)Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.

(6)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,000, and

(b)on conviction on indictment, to a fine.

(7)For the purposes of section 210 below, the penalty on conviction on indictment of an offence under this section shall be deemed to include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.

(8)No proceedings for an offence under this section shall be instituted except by—

(a)the Secretary of State; or

(b)the Authority.

(9)The functions of—

(a)making regulations under subsection (3) above; and

(b)instituting proceedings under subsection (8)(a) above,

are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.]

Textual Amendments

F1Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)

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