Section 66I Prohibition on unauthorised use of supply systemF1
England and Wales
Subject to subsections (2) and (3) and section 66K below, no person shall use a water undertaker’s supply system for the purpose of supplying water to any premises F2of—
a customer,
the person so using that system, or
a person associated with that person.
The Secretary of State may by regulations specify further circumstances in which subsection (1) above shall not apply.
A person who contravenes subsection (1) above shall be guilty of an offence.
Any undertaking entered into which involves a contravention of subsection (1) above shall be unenforceable.
A person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding the statutory maximum, and
on conviction on indictment, to a fine.
No proceedings for an offence under this section shall be instituted except by—
the Secretary of State, or
the Authority.
The functions of—
making regulations under subsection (3) above; and
instituting proceedings under subsection (7)(a) above,
are exercisable by the Assembly (and not by the Secretary of State) in relation to any supply system of a water undertaker whose area is wholly or mainly in Wales.
For the purposes of this section, a person (A) is associated with another person (B) if they would be associated with each other for the purposes of Schedule 2A if A were a water supply licensee.
In this section and sections 66J and 66L below, references to the supply system of a water undertaker shall be construed in accordance with F6section 17B.
Annotations
Textual amendments
- F1
Pt. 3 Ch. 2A inserted (1.4.2004 for specified provisions and purposes and 1.12.2005 otherwise) by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 3; S.I. 2004/641, art. 3(l), Sch. 1 (with art. 6, Sch. 3); S.I. 2005/2714, art. 3(a) (with Sch. 2 para. 8)
- F2
Words in s. 66I(1) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(2); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
- F3
Words in s. 66I(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(3)(a); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
- F4
Words in s. 66I(2)(b) substituted (1.4.2016) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(3)(b); S.I. 2016/465, art. 2(j)(ii) (with Sch. 2) (as amended (22.3.2017) by S.I. 2017/462, art. 16)
- F5
S. 66I(8A) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(4); S.I. 2017/462, art. 3(i)(vi)
- F6
Words in s. 66I(9) substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 9(5); S.I. 2017/462, art. 3(i)(vi)
Modifications
- C1
S. 66I(1) restricted (1.12.2005) by The Water Supply (Exceptions from Supply System Prohibitions) Regulations 2005 (S.I. 2005/3075), reg. 3
Notes on Part III
Modifications
- C1
Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
- C2
Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
- C3
Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
- C4
Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
- C5
Pt. 3: functions etc. assigned to the Port Health Authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
Notes on Chapter 2A
Textual amendments
- F2
S. 66A-66C and cross-heading substituted (1.4.2017 for the substitution of ss. 66A, 66AA, 66C) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 1; S.I. 2017/462, art. 3(i)(i) (with arts. 6-9, 12)
Modifications
- C1
Pt. 3 Ch. 2A applied (3.10.2016) by The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016 (S.I. 2016/744), regs. 1(2), 38