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Water Services etc. (Scotland) Act 2005

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This is the original version (as it was originally enacted).

Powers of entry etc.: further provision

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6(1)A person entitled to enter premises by virtue of the power mentioned in paragraph 5(2)(a)—

(a)may take on to the premises such other persons and such equipment as may be necessary; but this is, where that power is exercisable under a warrant, subject to the terms of the warrant; and

(b)must, if required to do so, produce written evidence of that entitlement.

(2)A person who enters premises in the exercise of the power mentioned in paragraph 5(2)(a) must leave the premises as effectually secured against trespassers as the person found them.

(3)Where a person exercises the power mentioned in paragraph 5(2)(a), the Commission is to make full compensation to any person who has sustained loss or damage by reason of—

(a)the exercise that power; or

(b)the carrying out of, or failure to carry out, the duty imposed by sub-paragraph (2),

except in so far as the loss or damage is attributable to the fault of the person who sustained it.

(4)Any person who makes use of or discloses any trade secret of which the person has gained knowledge as a result of the exercise of any power conferred by paragraph 5(1) and (2) is guilty of an offence.

(5)Any person who—

(a)intentionally obstructs a person acting in the exercise of any power conferred by paragraph 5(1) and (2); or

(b)refuses or fails, without reasonable excuse, to comply with a requirement made under paragraph 5(5),

is guilty of an offence.

(6)A person who is guilty of an offence under sub-paragraph (4) or (5) is liable—

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

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

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