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Sewerage (Scotland) Act 1968, Section 46 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Without prejudice to the provisions of Part II of this Act, no person shall pass or permit to be passed into, or into a drain connecting with, a public sewer or public sewage treatment works any matter or substance which, either alone or in combination with any matter or substance with which it is likely to come into contact while passing through any sewer or works, is likely to injure the sewer or works, or to interfere with the free flow of their contents, or to affect prejudicially the treatment or disposal of their contents or to be prejudicial to health:
Provided that it shall be a defence for any person charged with an offence under this section if he proves that at the time he so passed or permitted to be passed the matter or substance concerned he did not know, and could not reasonably be expected to know, that it would be likely to have the aforementioned effects.
(2)A person who contravenes any of the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1£20,000][F2and on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both a fine and such imprisonment].
Textual Amendments
F1Words in s. 46(2) substituted (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(1), Sch. 10, para. 5(c); S.I. 1991/2187, art. 3,Sch.
F2Words added by Control of Pollution Act 1974 (c. 40), Sch. 2 para. 25(b)
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