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The Water Environment (Controlled Activities) (Scotland) Regulations 2011
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This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Water Environment (Controlled Activities) (Scotland) Regulations 2011 No. 209
Admissibility of evidence
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47.—(1) It is admissible as evidence that that condition has not been observed if—
(a)by virtue of a condition of an authorisation, an entry is required to be made in any record as to the observance of any condition of the authorisation; and
(b)the entry has not been made.
(2) Information provided or obtained pursuant to or by virtue of a condition of an authorisation including information so provided, obtained or recorded, by means of any apparatus, will be admissible in evidence in any proceedings, whether against the person subject to the condition, or any other person.
(3) For the purposes of paragraph (2), apparatus will be presumed in any proceedings to register or record accurately, unless the contrary is shown, or the authorisation otherwise provides.
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