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Fire and Rescue Services Act 2004

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42Fire hydrantsE+W

This section has no associated Explanatory Notes

(1)A water undertaker must cause the location of every fire hydrant provided by it to be clearly indicated by a notice or distinguishing mark.

(2)A water undertaker may place such a notice or mark on a wall or fence adjoining a highway or public place.

(3)The expenses incurred by a water authority under subsection (1) in relation to a fire hydrant are to be borne by the fire and rescue authority in whose area the hydrant is located.

(4)The Secretary of State may make regulations providing for uniformity in fire hydrants provided by water undertakers and in the notices or marks indicating their location.

(5)An obligation of a water undertaker under subsection (1), or regulations under subsection (4), is enforceable by the Secretary of State under section 18 of the Water Industry Act 1991 (c. 56) (orders for securing compliance).

(6)A person commits an offence if he uses a fire hydrant otherwise than—

(a)for the purposes of fire-fighting or for any other purposes of a fire and rescue authority, or

(b)for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.

(7)A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in subsection (6).

(8)A person guilty of an offence under subsection (6) or (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Commencement Information

I1S. 42 in force at 7.9.2004 for specified purposes except in relation to W. and 1.10.2004 otherwise except in relation to W. by S.I. 2004/2304, art. 2 (with art. 3)

I2S. 42 in force at 10.11.2004 for W. by S.I. 2004/2917, art. 2

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