The Water Environment (Remedial Measures) (Scotland) Regulations 2016

Offences

11.—(1) It is an offence for an appropriate person to—

(a) fail to comply with the requirements of a remedial measures notice;

(b) fail to comply with the requirements of a variation notice;

(c) fail to comply with the requirements of an information notice.

(2) It is an offence for a person to—

(a) obstruct an authorised person in the exercise of that person’s powers under regulation 31(4) of, and Schedule 6 to, the 2011 Regulations;

(b) fail to comply with any requirement imposed in the exercise of an authorised person’s powers under regulation 31(4) of, and Schedule 6 to, the 2011 Regulations;

(c) fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the exercise of that authorised person’s powers or duties under or by virtue of regulation 31(4) of, and Schedule 6 to, the 2011 Regulations;

(d) prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to regulation 31(4) of, and Schedule 6 to, the 2011 Regulations;

(e) pretend to be a person authorised in accordance with regulation 31(4) of the 2011 Regulations;

(f) make a statement which that person knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, if the statement is made in purported compliance with a requirement to furnish any information imposed by or under any provision of these Regulations; or

(g) cause or permit any other person to commit an offence under paragraph (1) or sub-paragraphs (a) to (f) of this paragraph.

(3) For the purposes of this regulation, “authorised person” means a person who is authorised under regulation 31(4) of the 2011 Regulations to exercise the powers specified in Part I of Schedule 6 to the 2011 Regulations in accordance with the requirements of Parts 2 and 3 of that Schedule for the purpose of discharging any of SEPA’s functions under these Regulations.