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Water Industry (Scotland) Act 2002

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This is the original version (as it was originally enacted).

8Power to obtain information

This section has no associated Explanatory Notes

(1)The Regulator may serve on a person a notice requiring the person—

(a)to provide the Regulator, or a person authorised by the Regulator, at a time and place and in the form and manner specified in the notice, with such information relating to the quality of water supplied by a public water supplier as may be specified or described in the notice, or

(b)to produce to the Regulator, or to a person authorised by the Regulator, at a time and a place specified in the notice, any documents relating to that matter which are specified or described in the notice and are in that person’s custody or under that person’s control.

(2)A notice under subsection (1) may be served on—

(a)the public water supplier,

(b)an officer or employee of the public water supplier,

(c)any other person whom the Regulator has reason to believe is or may be in possession of relevant information or documents.

(3)Nothing in this section authorises the Regulator to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.

(4)References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.

(5)Where by virtue of this section documents are produced to any person, that person may take copies of or make extracts from them.

(6)A person who—

(a)refuses or fails, without reasonable excuse, to do anything required of that person by a notice under subsection (1), or

(b)intentionally alters, suppresses or destroys a document which that person has been required by such a notice to produce,

is guilty of an offence.

(7)A person guilty of an offence under subsection (6) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum,

(b)on conviction on indictment, to a fine.

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