Section 117Q Prohibition on unauthorised removal of matter from sewerage systemF1

(1)

No person other than the undertaker may remove matter from the sewerage system of a sewerage undertaker whose area is wholly or mainly in England.

(2)

Subsection (1) is subject to subsections (3) and (4) and section 117R.

(3)

Subsection (1) does not apply where —

(a)

matter is removed by a sewerage licensee in pursuance of its sewerage licence, or

(b)

matter is removed by another sewerage undertaker under a main connection agreement (within the meaning of section 110A).

(4)

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

(5)

An undertaking entered into which involves a contravention of subsection (1) is unenforceable.

(6)

A person who contravenes subsection (1) is guilty of an offence.

(7)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to a fine not exceeding £20,000;

(b)

on conviction on indictment, to a fine.

(8)

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

(9)

Proceedings for an offence under this section may not be instituted except by—

(a)

the Secretary of State, or

(b)

the Authority.

Annotations

Textual amendments

F1: Pt. 4 Ch. 2A inserted (1.9.2015 for the insertion of s. 117G (except s. 117G(2)(e)(7)), 1.9.2015 for the insertion of s. 117K (except s. 117K(2)(e)(8)), 1.4.2016 for the insertion of ss. 117G(2)(e), 117P(4), 117R, 117S, 1.9.2016 for the insertion of ss. 117I for specified purposes, 117J, 117K(2)(e)(8), 117L, 30.3.2017 for the insertion of s. 117G so far as not already in force and ss. 117F, 117H) by Water Act 2014 (c. 21), s. 94(3), Sch. 4; S.I. 2015/773, art. 3(d) (with art. 5); S.I. 2015/1469, art. 3(e); S.I. 2016/465, arts. 2(k), 3(f) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16); S.I. 2017/462, art. 2(d)

Notes on Part IV

Modifications

C1: Pt. IV: power to apply conferred (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2).
C2: Pt. IV saved (1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(4), 17(2).

Notes on Chapter 2A

Modifications

C1: Pt. 4 Ch. 2A applied (with modifications) (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 53