F15 Supplementary
22C1 Criminal liability of undertakers and their employees.
F7A1
It is an offence for an undertaker to fail to comply with either of the following—
a
the requirement to register a large raised reservoir imposed by section 2(2B);
b
a requirement of regulations made under section 2(2C).
A2
A person guilty of an offence under subsection (A1) is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
1
If—
a
b
the undertakers fail to comply with a notice from the enforcement authority under section 8, 9, 10, 12 F11, 13 or 14 above;
then F14..., the undertakers shall be guilty of an offence and liable on conviction on indictment or on summary conviction to a fine, which on summary conviction shall not exceed £400.
F5c
the undertakers fail to comply with a direction under section 12A above;
F81AA
An undertaker who fails to comply with section 10(5A) is guilty of an offence.
1AB
A person guilty of an offence under subsection (1A) is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
F91AC
An undertaker who, without reasonable excuse, fails to comply with a direction to carry out a visual inspection under section 12(6) or with the notification requirement under section 12(7) is guilty of an offence.
1AD
A person guilty of an offence under subsection (1AC) is liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
F101AE
An undertaker who fails to comply with section 12AA(4), (6)(a) or (7) is guilty of an offence and liable—
a
on conviction on indictment, to a fine, or
b
on summary conviction, to a fine not exceeding the statutory maximum.
1AF
An undertaker who fails to comply with section 12AA(5) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F21A
If the undertakers fail without reasonable excuse to comply with a notice under section 12B above, they shall be guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.
2
If, in the case of any large raised reservoir, the undertakers fail without reasonable excuse to give the enforcement authority in due time any notice required by this Act to be given by them to that authority, the undertakers shall be guilty of an offence and liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.
3
If, in the case of any large raised reservoir, the undertakers or persons employed by them without reasonable excuse refuse or knowingly fail to afford to any person the facilities required by section 21(5) above or to furnish to any person the information and particulars so required, the undertakers shall be guilty of an offence and liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.
4
If for purposes of section 21(5) above a person makes use of any document or furnishes any information or particulars which he knows to be false in a material respect, or recklessly makes use of any document or furnishes any information or particulars which is or are false in a material respect, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.
F124A
An undertaker who fails to comply with a requirement of a notice given under section 21A is guilty of an offence.
4B
An undertaker who fails to comply with a requirement to make a report under regulations made under section 21B is guilty of an offence.
4C
A person guilty of an offence under subsection (4A) or (4B) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Where an offence committed by a body corporate under this section is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Act repealed (S.) (1.4.2016) by Reservoirs (Scotland) Act 2011 (asp 9), ss. 8(2), 116(1) (with s. 110); S.S.I. 2016/42, art. 2, sch. (with art. 3)