Sanctions

7Civil penalties: modification of standard of proof

(1)

This section is about the powers to provide for fixed monetary penalties or variable monetary penalties conferred by sections 36 and 62 of the Regulatory Enforcement and Sanctions Act 2008 (“the 2008 Act”).

(2)

In relation to an offence within subsection (3) that is committed by a water company, the powers may be exercised as if “on the balance of probabilities” appeared instead of “beyond reasonable doubt” in sections 39(2) and 42(2) of the 2008 Act.

(3)

The offences are those under—

(a)

any of the following provisions of the Water Resources Act 1991—

(i)

section 24(4) (unlicensed abstraction or related works or contravening abstraction licence);

(ii)

section 25(2) (unlicensed impounding works or contravening impounding licence);

(iii)

section 25C(1) (contravening abstraction or impounding enforcement notice);

(iv)

section 80 (contravening drought order or permit);

(v)

section 201(3) (contravening water resources information notice);

(b)

regulations under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities etc);

(c)

regulations under section 61 of the Water Act 2014 (regulation of water resources etc).

(4)

An order that provides for variable monetary penalties in reliance on subsection (2) must provide for the amount of those penalties not to exceed an amount specified in the order.

(5)

In this section, “water company” means—

(a)

a water undertaker or sewerage undertaker, or

(b)

a water supply licensee or sewerage licensee within the meaning of the Water Industry Act 1991.

(6)

But an offence is to be regarded for the purposes of this section as committed by a water supply licensee or sewerage licensee only if it is committed by such a licensee in the course of the activities to which its licence relates.