(1)If any person is guilty of any act or neglect whereby any spring, well or adit, the water from which is used or likely to be used for human consumption or domestic purposes or for manufacturing food or drink for human consumption, is polluted or likely to be polluted, he shall be guilty of an offence.
(2)Nothing in this section shall be construed as prohibiting or restricting—
(a)any method of cultivation or use of land which is in accordance with the principles of good husbandry; or
(b)the reasonable use of oil or tar on any [F1public road, so long as the roads] authority take all reasonable steps for preventing the oil or tar, or any liquid or matter resulting from the use thereof, from polluting any such spring, well or adit.
(3)Any person guilty of an offence by virtue of this section shall be liable in respect of each offence—
(a)on summary conviction, to a fine not exceeding [F2£40,000] and, in the case of a continuing offence, to a further fine not exceeding £50 for every day during which the offence is continued after conviction;
(b)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.
(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(9)
F2Words in s. 75(3)(a) substituted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 66, Sch. 2 para. 3(a); S.S.I. 2004/420, arts. 2, 3, Sch. 1 (as amended by S.S.I. 2005/553 and 2006/104)
F3S. 75(4) repealed (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 66, Sch. 2 para. 3(b); S.S.I. 2004/420, arts. 2, 3, Sch. 1 (as amended by S.S.I. 2005/553 and 2006/104)
Modifications etc. (not altering text)
C1S. 75 amended (27.8.1993) by 1993 c. 12, s. 40(4), Sch. 3 Pt. II para. 17 (with ss. 42, 46)