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Fire and Rescue Services Act 2004

Section 40: Emergency supply by water undertaker

69.This section re-enacts sections 30(4) and 30(4)(a) of the Fire Services Act 1947. Subsection (1) places an obligation on a water undertaker to take all necessary steps to increase supply and pressure of water for the purpose of extinguishing a fire, if requested to do so by a fire and rescue authority. Subsection (2) allows a water undertaker to shut off water from the mains and pipes in any area to enable it to comply with a request to increase supply and water pressure. Subsection (3) safeguards the fire and rescue authority or any person from any liability for anything done by a water undertaker in complying with its obligations. Subsections (4) and (5) make it an offence for a water undertaker, without reasonable excuse, to fail to take any steps which it is obliged to take and provides for a level 5 fine (currently £5,000) on summary conviction.

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