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The Public Water Supplies (Scotland) Regulations 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Water Supplies (Scotland) Regulations 2014 No. 364

Offences

This section has no associated Policy Notes

35.—(1) It is an offence for Scottish Water to contravene—

(a)regulation 29(1);

(b)a requirement of a notice given to it under regulation 31(3)(d);

(c)regulation 33(1);

(d)a requirement of a notice given to it under regulation 33(7);

(e)a requirement of a notice given to it under regulation 34(1)(b); or

(f)a requirement of a notice given to it under regulation 34(2)(b).

(2) In any proceedings against Scottish Water for an offence under paragraph (1)(a) or (1)(b), it is a defence to show that Scottish Water took all reasonable steps and exercised all due diligence to avoid committing the offence.

(3) It is an offence for a person furnishing information or making an application (for approval) under regulation 33 or 34 to make a statement which that person knows to be false in a material particular, or to recklessly make a statement which is false in a material particular.

(4) A person(1) who commits an offence under paragraph (1) or (3) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine.

(1)

By virtue of section 5 and section 23(1) of, and Schedule 1 to, the Interpretation Act 1978 (c. 30), “person” includes a body of persons corporate (such as Scottish Water) and unincorporate (such as Scottish partnership or other association).

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