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The Water Environment (Controlled Activities) (Scotland) Regulations 2005
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- Scottish Statutory Instruments
- 2005 No. 348
- PART VII
- Regulation 43
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Admissibility of evidence
43.—(1) Where–
(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,
that fact shall be admissible as evidence that that condition has not been observed.
(2) Information provided or obtained pursuant to or by virtue of a condition of an authorisation including information so provided or obtained, or recorded, by means of any apparatus, shall 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 shall be presumed in any proceedings to register or record accurately, unless the contrary is shown, or the authorisation otherwise provides.
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