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domestic or food production purposes to any | |
premises by that supplier”; and | |
(e) in paragraph (b)— | |
(i) at the beginning, there is inserted “require any such | |
undertaker or supplier”; and | 5 |
(ii) for “so supplied” there is substituted “supplied as referred to | |
in paragraph (a) or (aa) above (as the case may be)”. | |
(7) In subsection (6)— | |
(a) in paragraph (b)— | |
(i) after “water undertaker” there is inserted “or licensed water | 10 |
supplier”; and | |
(ii) after “the undertaker” there is inserted “or supplier”; and | |
(b) in paragraph (c), after “undertaker” there is inserted “or licensed | |
water supplier”. | |
(8) After that subsection there is inserted— | 15 |
“(7) In this section, “relevant supplies” means— | |
(a) in the case of an obligation imposed on a water undertaker, | |
supplies of water— | |
(i) made by the undertaker in carrying out its functions; | |
or | 20 |
(ii) made by a licensed water supplier using the | |
undertaker’s supply system; and | |
(b) in the case of an obligation imposed on a licensed water | |
supplier, supplies of water made by that supplier using a | |
water undertaker’s supply system.” | 25 |
20 (1) Section 70 (offence of supplying water unfit for human consumption) is | |
amended as follows. | |
(2) In subsection (1)— | |
(a) for the words from “water undertaker” to “pipes” there is substituted | |
“water undertaker’s supply system is used for the purposes of | 30 |
supplying water”; and | |
(b) for “the undertaker” there is substituted “the relevant persons”. | |
(3) After that subsection there is inserted— | |
“(1A) For the purposes of subsection (1) above, the relevant persons are— | |
(a) the water undertaker whose supply system is used for the | 35 |
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 | |
is concerned in the supply of the water.” | |
(4) In subsection (3)— | 40 |
(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 | |
undertaker’s”. | |
(5) After that subsection there is inserted— | 45 |
“(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 | |
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 | 5 |
circumstances; and | |
(b) in the case of proceedings against any other relevant person, | |
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 | 10 |
reasonable steps and exercised all due diligence for securing | |
that all aspects of the relevant arrangements for which it was | |
responsible were properly carried out. | |
(3B) In subsection (3A) above, “relevant arrangements” means | |
arrangements made by the primary water undertaker to ensure that | 15 |
all other relevant persons were required to take all reasonable steps | |
and exercise all due diligence for securing that the water was fit for | |
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 | 20 |
paragraph (b) there is inserted “; and | |
(c) any pipe or conduit of a licensed water supplier.” | |
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 | 25 |
(b) in paragraph (b), after “undertaker” there is inserted “or supplier”. | |
23 In section 74 (regulations for preventing contamination etc), in subsection | |
(1)— | |
(a) in paragraph (b), after “undertaker” there is inserted “or licensed | |
water supplier”, | 30 |
(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 | |
water supplier”. | |
24 (1) Section 75 (power to prevent damage etc) is amended as follows. | 35 |
(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 | |
supply system is used for the purpose of a licensed water supplier | |
making a supply of water to any premises has reason for believing— | 40 |
(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 | |
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 | 45 |
being or is likely to be contaminated by the return of any | |
substance from those premises to that pipe or main; | |
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| |
|
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| |
(c) that water which is in any pipe connected with any such main | |
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 | 5 |
is likely to be wasted or, having regard to the purposes for | |
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— | 10 |
“(11) Where the power conferred by subsection (2) above on a water | |
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 | 15 |
is made; and | |
(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. | 20 |
(12) In subsection (1A) above, the reference to the supply system of a | |
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”. | 25 |
26 (1) Section 78 (local authority functions in relation to undertaker’s supplies) is | |
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,”. | |
(3) After subsection (2), there is inserted— | 30 |
“(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. | |
(2) In subsection (1)(b), for “by a water undertaker” there is substituted “using | 35 |
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) | |
of section 70 above) by or under that section”. | 40 |
(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— | |
(i) any water undertaker or licensed water supplier to | 45 |
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 | |
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 | 5 |
extracts from, the contents of any records kept for the | |
purpose of complying with any duty or other | |
requirement imposed on that person by or under that | |
section.” | |
(6) In subsection (6), after “undertaker” there is inserted “, licensed water | 10 |
supplier or other relevant person”. | |
28 In section 93(1) (interpretation of Part 3), in the definition of “private | |
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 | 15 |
provisions— | |
(a) subsection (1), | |
(b) subsection (2), and | |
(c) subsection (3), | |
after “undertaker” there is inserted “or licensed water supplier”. | 20 |
30 (1) Section 93B (power to impose requirements in connection with section 93A) | |
is amended as follows. | |
(2) In subsection (1), after “undertaker” there inserted “or licensed water | |
supplier”. | |
(3) In subsection (2)— | 25 |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | |
(b) after “the undertaker”, in both places where it appears, there is | |
inserted “or supplier”. | |
(4) In subsection (3), in paragraphs (a) and (b), after “undertaker” there is | 30 |
inserted “or licensed water supplier”. | |
(5) In subsection (4)— | |
(a) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | |
(b) after “that undertaker” there is inserted “or supplier”. | 35 |
(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”. | |
(7) In subsection (6)— | 40 |
(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. | |
(2) In subsection (1)— | 45 |
| |
| |
|
| |
| |
(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 | |
supplier”. | 5 |
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”, | |
(b) after “that undertaker” there is inserted “or supplier”, and | 10 |
(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)— | |
(a) after “water undertaker” there is inserted “or licensed water | 15 |
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 | |
water supplier”. | 20 |
33 In section 148 (restriction on 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;”. | |
34 In section 150 (fixing maximum charges for services provided with the help | 25 |
of undertakers’ 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.” | |
35 In section 152 (grants for national security purposes), in subsection (1), after | 30 |
“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 | |
other than for domestic or food production purposes or laid in pursuance of | 35 |
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 | |
(d) a licensed water supplier supplies water to those premises | 40 |
using the undertaker’s supply system.” | |
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| |
|
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| |
(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 | |
17B(5) above.” | |
38 In section 163 (power to fit stopcocks), in subsection (1), after “by the | 5 |
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— | |
“(1A) Subject to subsection (2) below, if any person without the consent of | |
the licensed water supplier— | 10 |
(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 | |
a pipe) or belongs to any such supplier (in any other | |
case); and | 15 |
(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 | |
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 | 20 |
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.” | |
(3) In subsection (2)— | |
(a) after “subsection (1)” there is inserted “or (1A)”, and | 25 |
(b) in paragraph (b)— | |
(i) after “water undertaker” there is inserted “or licensed water | |
supplier”, and | |
(ii) in sub-paragraph (ii), for the words from “the stopcock was” | |
to the end there is substituted “subsection (2A) below | 30 |
applies”. | |
(4) After that subsection there is inserted— | |
“(2A) This subsection applies— | |
(a) in the case of a stopcock belonging to a water undertaker, if | |
the stopcock was closed otherwise than by the undertaker; | 35 |
(b) in the case of a stopcock belonging to a licensed water | |
supplier— | |
(i) if the stopcock was closed otherwise than by the | |
supplier; or | |
(ii) if the stopcock was closed by the supplier and the | 40 |
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 | |
supplier, | |
and in this subsection the reference to the supply system of a water | 45 |
undertaker shall be construed in accordance with section 17B(5) | |
above.” | |
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| |
(5) In subsection (3), in paragraph (c), for “section” there is substituted | |
“subsection”. | |
(6) After that subsection there is inserted— | |
“(3A) Any person who, without the consent of the licensed water | |
supplier— | 5 |
(a) attaches any pipe or apparatus to any pipe which is— | |
(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 | 10 |
does not belong to such a supplier or a water undertaker but | |
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 | 15 |
pipe; or | |
(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 | 20 |
fine not exceeding level 3 on the standard scale.” | |
(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) | 25 |
above (as the case may require)”. | |
(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 | 30 |
(b) is used in connection with the carrying on by the supplier of | |
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.” | |
(9) After subsection (8) there is inserted— | 35 |
“(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 | |
undertaker in respect of that supply of water would fall; | 40 |
(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) In subsection (9), for ““consumer” and “water fitting” have the same | 45 |
meanings” there is substituted ““water fitting” has the same meaning”. | |
40 (1) Section 175 (offence of tampering with meter) is amended as follows. | |
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