Part II Pollution of water
Miscellaneous
F146D Consequences of not complying with a works notice.
(1)
If a person on whom SEPA serves a works notice fails to comply with any of the requirements of the notice, he shall be guilty of an offence.
(2)
A person who commits an offence under subsection (1) above shall be liable—
(a)
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding F2£40,000 or to both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3)
If a person on whom a works notice has been served fails to comply with any of the requirements of the notice, SEPA may do what that person was required to do and may recover from him any costs or expenses reasonably incurred by SEPA in doing it.
(4)
If SEPA is of the opinion that proceedings for an offence under subsection (1) above would afford an ineffectual remedy against a person who has failed to comply with the requirements of a works notice, SEPA may take proceedings in any court of competent jurisdiction for the purpose of securing compliance with the notice.
(5)
In this section “ works notice ” means a works notice under section 46A of this Act.