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(a) for the words from “water undertaker” to “pipes” there is substituted | |
“water undertaker’s supply system is used for the purposes of | |
supplying water”; and | |
(b) for “the undertaker” there is substituted “the relevant persons”. | |
(3) After that subsection there is inserted— | 5 |
“(1A) For the purposes of subsection (1) above, the relevant persons are— | |
(a) the water undertaker whose supply system is used for the | |
purposes of supplying the water (in this section referred to as | |
the “primary water undertaker”); and | |
(b) any employer of persons, or any self-employed person, who | 10 |
is concerned in the supply of the water.” | |
(4) In subsection (3)— | |
(a) for “water undertaker” there is substituted “relevant person”; | |
(b) for “that undertaker” there is substituted “that person”; and | |
(c) in paragraph (b), for “its” there is substituted “the primary water | 15 |
undertaker’s”. | |
(5) After that subsection there is inserted— | |
“(3A) For the purposes of paragraph (b) of subsection (3) above— | |
(a) in the case of proceedings against a primary water | |
undertaker, showing that the undertaker took all reasonable | 20 |
steps and exercised all due diligence as mentioned in that | |
paragraph includes (among other things) showing that the | |
relevant arrangements were reasonable in all the | |
circumstances; and | |
(b) in the case of proceedings against any other relevant person, | 25 |
showing that the person took all reasonable steps and | |
exercised all due diligence as mentioned in that paragraph | |
includes (among other things) showing that it took all | |
reasonable steps and exercised all due diligence for securing | |
that all aspects of the relevant arrangements for which it was | 30 |
responsible were properly carried out. | |
(3B) In subsection (3A) above, “relevant arrangements” means | |
arrangements made by the primary water undertaker to ensure that | |
all other relevant persons were required to take all reasonable steps | |
and exercise all due diligence for securing that the water was fit for | 35 |
human consumption on leaving the undertaker’s pipes or was not | |
used for human consumption.” | |
21 In section 72 (contamination of water sources), in subsection (5), after | |
paragraph (b) there is inserted “; and | |
(c) any pipe or conduit of a licensed water supplier.” | 40 |
22 In section 73 (offences of contaminating water etc), in subsection (1)— | |
(a) in the opening words, after “undertaker” there is inserted “or | |
licensed water supplier”, and | |
(b) in paragraph (b), after “undertaker” there is inserted “or supplier”. | |
23 In section 74 (regulations for preventing contamination etc), in subsection | 45 |
(1)— | |
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| |
(a) in paragraph (b), after “undertaker” there is inserted “or licensed | |
water supplier”, | |
(b) in paragraph (c), after “that undertaker” there is inserted “or a | |
licensed water supplier”, and | |
(c) in paragraph (d), after “undertaker” there is inserted “or licensed | 5 |
water supplier”. | |
24 (1) Section 75 (power to prevent damage etc) is amended as follows. | |
(2) After subsection (1) there is inserted— | |
“(1A) Without prejudice to any power conferred on water undertakers by | |
regulations under section 74 above, where a water undertaker whose | 10 |
supply system is used for the purpose of a licensed water supplier | |
making a supply of water to any premises has reason for believing— | |
(a) that damage to persons or property is being or is likely to be | |
caused by any damage to, or defect in, any water fitting used | |
in connection with the supply of water to those premises | 15 |
which is not a service pipe belonging to the water undertaker; | |
(b) that water in a water main or other pipe of the undertaker is | |
being or is likely to be contaminated by the return of any | |
substance from those premises to that pipe or main; | |
(c) that water which is in any pipe connected with any such main | 20 |
or other pipe or which has been supplied by the supplier to | |
those premises is being or is likely to be contaminated before | |
it is used; or | |
(d) that water which has been or is to be so supplied is being or | |
is likely to be wasted or, having regard to the purposes for | 25 |
which it is supplied, misused or unduly consumed, | |
the undertaker may exercise the power conferred by subsection (2) | |
below in relation to those premises.” | |
(3) After subsection (10) there is inserted— | |
“(11) Where the power conferred by subsection (2) above on a water | 30 |
undertaker is exercisable by virtue of subsection (1A) above— | |
(a) the references to the consumer in subsections (2) and (3), in | |
relation to a supply of water to any premises, shall be taken | |
to be references to the person in respect of whom the supply | |
is made; and | 35 |
(b) the undertaker shall serve on the licensed water supplier | |
providing the supply a copy of any notice under this section | |
which is served on the person mentioned in paragraph (a) | |
above. | |
(12) In subsection (1A) above, the reference to the supply system of a | 40 |
water undertaker shall be construed in accordance with section | |
17B(5) above.” | |
25 In section 76 (temporary hosepipe bans), in subsection (1), after “supplied by | |
that undertaker” there is inserted “or a licensed water supplier”. | |
26 (1) Section 78 (local authority’s functions in relation to undertaker’s supplies) is | 45 |
amended as follows. | |
(2) In subsection (1)(a), after “undertaker” there is inserted “, or by a licensed | |
water supplier using that undertaker’s supply system,”. | |
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|
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(3) After subsection (2), there is inserted— | |
“(3) In subsection (1)(a) above, the reference to the water undertaker’s | |
supply system shall be construed in accordance with section 17B(5) | |
above.” | |
27 (1) Section 86 (enforcement of water quality) is amended as follows. | 5 |
(2) In subsection (1)(b), for “by a water undertaker” there is substituted “using | |
a water undertaker’s supply system”. | |
(3) In subsection (2)(a)(i), for the words from “by” to “above” there is | |
substituted “or a licensed water supplier by or under any of sections 68, 69 | |
and 79 above or imposed on a relevant person (as defined in subsection (1A) | 10 |
of section 70 above) by or under that section”. | |
(4) In subsection (3), after “undertaker” there is inserted “, licensed water | |
supplier or other relevant person (as defined in section 70(1A) above)”. | |
(5) In subsection (4), for paragraph (c) there is substituted— | |
“(c) at any reasonable time require— | 15 |
(i) any water undertaker or licensed water supplier to | |
supply him with copies of, or extracts from, the | |
contents of any records kept for the purpose of | |
complying with any duty or other requirement | |
imposed on that undertaker or supplier by or under | 20 |
any of sections 68, 69 and 79 above; or | |
(ii) any relevant person (as defined in subsection (1A) of | |
section 70 above) to supply him with copies of, or | |
extracts from, the contents of any records kept for the | |
purpose of complying with any duty or other | 25 |
requirement imposed on that person by or under that | |
section.” | |
(6) In subsection (6), after “undertaker” there is inserted “, licensed water | |
supplier or other relevant person”. | |
28 In section 93(1) (interpretation of Part 3), in the definition of “private | 30 |
supply”, after “undertaker” there is inserted “or by a licensed water supplier | |
in accordance with Chapter 1A of Part 2 of this Act”. | |
29 In section 93A (duty to promote the efficient use of water), in the following | |
provisions— | |
(a) subsection (1), | 35 |
(b) subsection (2), and | |
(c) subsection (3), | |
after “undertaker” there is inserted “or licensed water supplier”. | |
30 (1) Section 93B (power to impose requirements in connection with section 93A) | |
is amended as follows. | 40 |
(2) In subsection (1), after “undertaker” there inserted “or licensed water | |
supplier”. | |
(3) In subsection (2)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | 45 |
(b) after “the undertaker”, in both places where it appears, there is | |
inserted “or supplier”. | |
| |
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(4) In subsection (3), in paragraphs (a) and (b), after “undertaker” there is | |
inserted “or licensed water supplier”. | |
(5) In subsection (4)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | 5 |
(b) after “that undertaker” there is inserted “or supplier”. | |
(6) In subsection (5)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | |
(b) after “that undertaker” there is inserted “or supplier”. | 10 |
(7) In subsection (6)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | |
(b) after “that undertaker” there is inserted “or supplier”. | |
31 (1) Section 93C (publicity) is amended as follows. | 15 |
(2) In subsection (1)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | |
(b) after “that undertaker’s” there is inserted “or supplier’s”. | |
(3) In subsection (2), in paragraph (b), after “undertaker” there inserted “or | 20 |
supplier”. | |
32 (1) Section 93D (information as to compliance) is amended as follows. | |
(2) In subsection (1)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, | 25 |
(b) after “that undertaker” there is inserted “or supplier”, and | |
(c) after “the undertaker” there is inserted “or supplier”. | |
(3) In subsection (2), in paragraph (b), after “undertaker” there is inserted “or | |
supplier”. | |
(4) In subsection (3)— | 30 |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, | |
(b) after “the undertaker’s” there is inserted “or supplier’s”, and | |
(c) after “the undertaker” there is inserted “or supplier”. | |
(5) In subsection (4), after “water undertaker” there is inserted “or licensed | 35 |
water supplier”. | |
33 In section 148 (restriction for charging for metering works), in subsection (2), | |
after paragraph (c) there is inserted— | |
“(cc) any sums which it is entitled to recover under an agreement | |
under section 66D above;”. | 40 |
34 In section 150 (fixing maximum charges for services provided with the help | |
of undertaker’s services), after subsection (1) there is inserted— | |
“(1A) This section does not apply to water supplies provided by a licensed | |
water supplier to premises of customers in accordance with Chapter | |
1A of Part 2 of this Act.” | 45 |
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35 In section 152 (grants for national security purposes), in subsection (1), after | |
“relevant undertakers” there is inserted “and licensed water suppliers”. | |
36 In section 158 (powers to lay pipes in streets), in subsection (7)(a), after | |
“trunk main” there is inserted “but not including a pipe laid in pursuance of | |
section 66B(3)(a)(ii) above which is used for the purpose of supplying water | 5 |
other than for domestic or food production purposes or laid in pursuance of | |
section 66B(3)(a)(iii) above”. | |
37 (1) Section 162 (works in connection with metering) is amended as follows. | |
(2) In subsection (1A), in paragraph (a) at the end there is inserted “or”. | |
(3) In that subsection, after paragraph (c) there is inserted “or | 10 |
(d) a licensed water supplier supplies water to those premises | |
using the undertaker’s supply system.” | |
(4) After that subsection there is inserted— | |
“(1B) In subsection (1A)(d) above, the reference to the supply system of a | |
water undertaker shall be construed in accordance with section | 15 |
17B(5) above.” | |
38 In section 163 (power to fit stopcocks), in subsection (1), after “the | |
undertaker” there is inserted “or a licensed water supplier”. | |
39 (1) Section 174 (offences of interference with works) is amended as follows. | |
(2) After subsection (1) there is inserted— | 20 |
“(1A) Subject to subsection (2) below, if any person without the consent of | |
the licensed water supplier— | |
(a) intentionally or recklessly interferes with any pipe or any | |
structure, installation or apparatus which— | |
(i) is vested in any licensed water supplier (in the case of | 25 |
a pipe) or belongs to any such supplier (in any other | |
case); and | |
(ii) is used in connection with the carrying on by the | |
supplier of the activities authorised by its licence; or | |
(b) by any act or omission negligently interferes with any such | 30 |
pipe or with any such structure, installation or apparatus so | |
as to damage it or so as to have an effect on its use or | |
operation, | |
that person shall be guilty of an offence and liable, on summary | |
conviction, to a fine not exceeding level 3 on the standard scale.” | 35 |
(3) In subsection (2)— | |
(a) after “subsection (1)” there is inserted “or (1A)”, and | |
(b) in paragraph (b)— | |
(i) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | 40 |
(ii) in sub-paragraph (ii), for the words from “the stopcock was” | |
to the end there is substituted “subsection (2A) below | |
applies”. | |
(4) After that subsection there is inserted— | |
“(2A) This subsection applies— | 45 |
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(a) in the case of a stopcock belonging to a water undertaker, if | |
the stopcock was closed otherwise than by the undertaker; | |
(b) in the case of a stopcock belonging to a licensed water | |
supplier— | |
(i) if the stopcock was closed otherwise than by the | 5 |
supplier; or | |
(ii) if the stopcock was closed by the supplier and the | |
person in question for the purposes of subsection (2) | |
above is the water undertaker whose supply system is | |
used for the purpose of the supply made by the | 10 |
supplier, | |
and in this subsection the reference to the supply system of a water | |
undertaker shall be construed in accordance with section 17B(5) | |
above.” | |
(5) In subsection (3), in paragraph (c), for “section” there is substituted | 15 |
“subsection”. | |
(6) After that subsection there is inserted— | |
“(3A) Any person who, without the consent of the licensed water | |
supplier— | |
(a) attaches any pipe or apparatus to any pipe which is— | 20 |
(i) vested in a licensed water supplier; and | |
(ii) used in connection with the carrying on by the | |
supplier of the activities authorised by its licence; | |
(b) attaches any pipe or apparatus to any service pipe which | |
does not belong to such a supplier or a water undertaker but | 25 |
which is a pipe by means of which water is supplied by such | |
a supplier to any premises; | |
(c) makes any alteration in a service pipe by means of which | |
water is so supplied, or in any apparatus attached to any such | |
pipe; or | 30 |
(d) subject to subsection (4) below, uses any pipe or apparatus | |
which has been attached or altered in contravention of this | |
subsection, | |
shall be guilty of an offence and liable, on summary conviction, to a | |
fine not exceeding level 3 on the standard scale.” | 35 |
(7) In subsection (4)— | |
(a) after “subsection (3) above” there is inserted “or paragraph (d) of | |
subsection (3A) above”, and | |
(b) for “that subsection” there is substituted “subsection (3) or (3A) | |
above (as the case may require)”. | 40 |
(8) After subsection (5) there is inserted— | |
“(5A) If any person wilfully or negligently injures or suffers to be injured | |
any water fitting which— | |
(a) belongs to a licensed water supplier; and | |
(b) is used in connection with the carrying on by the supplier of | 45 |
the activities authorised by its licence, | |
he shall be guilty of an offence and liable, on summary conviction, to | |
a fine not exceeding level 1 on the standard scale.” | |
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(9) After subsection (8) there is inserted— | |
“(8A) In this section “consumer”— | |
(a) in relation to a supply of water provided by a water | |
undertaker to any premises, means a person who is for the | |
time being the person on whom liability to pay charges to the | 5 |
undertaker in respect of that supply of water would fall; | |
(b) in relation to a supply of water provided by a licensed water | |
supplier to any premises, means a person who is for the time | |
being the person on whom liability to pay charges to the | |
supplier in respect of that supply of water would fall.” | 10 |
(10) In subsection (9), for ““consumer” and “water fitting” have the same | |
meanings” there is substituted ““water fitting” has the same meaning”. | |
40 (1) Section 175 (offence of tampering with meter) is amended as follows. | |
(2) In subsection (1)(a), after “undertaker” there is inserted “or licensed water | |
supplier”. | 15 |
(3) In subsection (2), for the words from “consent” to the end there is substituted | |
“appropriate consent”. | |
(4) After that subsection there is inserted— | |
“(3) In subsection (2) above, the “appropriate consent” means— | |
(a) if the meter is used by one relevant undertaker, the consent of | 20 |
that undertaker; | |
(b) if the meter is used by one licensed water supplier, the | |
consent of that supplier; | |
(c) if the meter is used by two or more of the following persons— | |
(i) a relevant undertaker; | 25 |
(ii) a licensed water supplier, | |
the consent of each of those persons. | |
(4) In subsection (3) above, references to the consent of a relevant | |
undertaker are references to consent under section 176 below.” | |
41 (1) Section 179 (vesting of works in undertaker) is amended as follows. | 30 |
(2) In subsection (1), for the words from “subsection” to “vested” there is | |
substituted “subsections (1A) and (3) below”. | |
(3) After that subsection there is inserted— | |
“(1A) Subsection (1) above is subject to any provision to the contrary | |
contained in an agreement between the relevant undertaker and the | 35 |
person in whom an interest in the pipe or works is or is to be vested; | |
but no agreement may be made between a relevant undertaker and | |
any other person for the vesting in that person of any pipe laid in | |
pursuance of section 66B(3)(a)(ii) above or of subsection (2)(b)(i) of | |
section 66C above by virtue of subsection (3)(b) of that section.” | 40 |
42 (1) Section 195 (maintenance of register for the purposes of Part 2) is amended | |
as follows. | |
(2) In subsection (2), after paragraph (a) there is inserted— | |
“(aa) every licence under Chapter 1A of Part 2 of this Act, every | |
variation or revocation of any such licence and every | 45 |
modification of the conditions of any such licence;”. | |
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