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Reservoirs (Scotland) Act 2011

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This is the original version (as it was originally enacted).

Part 2Protection of the water environment – remedial and restoration measures

109Remedial and restoration measures regulations

(1)In section 22 (remedial and restoration measures) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3), in subsection (3), after paragraph (b) insert—

(c)for any of the purposes specified in paragraphs 1 to 3 of schedule 2A.

(4)Paragraphs 4 and 5 of that schedule have effect for supplementing paragraphs 1 to 3..

(2)After schedule 2 to that Act insert—

SCHEDULE 2ARemedial and restoration measures regulations: offences

(introduced by section 22)

Offences

1Creating offences and dealing with matters relating to such offences, including—

(a)the provision of defences, and

(b)evidentiary matters.

2Enabling, where a person has been convicted of an offence under the regulations, a court dealing with that person for the offence to order the taking of remedial action (in addition to or instead of imposing any punishment).

3Making provision which, subject to any modification that the Scottish Ministers consider appropriate, corresponds or is similar to any provision made by section 157 or 158 of the Environmental Protection Act 1990 (c.43).

Supplementary

4(1)The regulations may provide for any such offence as is mentioned in paragraph 1 to be triable—

(a)only summarily,

(b)either summarily or on indictment.

(2)The regulations may provide for such an offence which is triable only summarily to be punishable on conviction by—

(a)imprisonment for a term not exceeding such period as is specified (which must not exceed 12 months), or

(b)a fine not exceeding such amount as is specified (which must not exceed level 5 on the standard scale),

or both.

(3)The regulations may provide for any such offence which is triable either summarily or on indictment to be punishable—

(a)on summary conviction, by—

(i)imprisonment for a term not exceeding such period as is specified (which must not exceed 12 months), or

(ii)a fine not exceeding such amount as is specified (which must not exceed the statutory maximum),

or both,

(b)on conviction on indictment by—

(i)imprisonment for a term not exceeding such period as is specified (which must not exceed 2 years), or

(ii)a fine,

or both.

Interpretation

5In this schedule—

  • “the regulations” means regulations under section 22,

  • “specified” means specified in the regulations..

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