PART 10OFFENCES: PARTS 8 AND 9

Offences35

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 M1 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.