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Changes over time for: Section 44
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Water Environment (Controlled Activities) (Scotland) Regulations 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to
Regulation 44:
Changes and effects yet to be applied to the whole
Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this
Instrument (including any effects on those provisions):
Prospective
Defence to principal offencesS
44. A person shall not be guilty of an offence under regulation 40(1)(a) to (d), (j) or (o) where the contravention is a result of–
(a)–
(i)an accident which could not reasonably have been foreseen; or
(ii)natural causes or force majeure which are exceptional and could not reasonably have been foreseen; and
(b)–
(i)all practicable steps are taken to prevent deterioration of the water environment;
(ii)all practicable steps are taken as soon as is reasonably practicable to restore the water environment to its condition prior to the contravention; and
(iii)particulars of the contravention are furnished to SEPA as soon as practicable after it occurs.
Yn ôl i’r brig