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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where the reservoir manager of a controlled reservoir revokes the appointment of a construction engineer, an inspecting engineer, an other qualified engineer or a supervising engineer appointed in relation to the reservoir, the manager must give SEPA notice of the revocation and of the date it took effect.
(2)Where an engineer referred to in subsection (1) resigns such appointment—
(a)the engineer must give the reservoir manager notice of the resignation and the date on which it took, or is to take, effect,
(b)the reservoir manager who receives notice under paragraph (a) must, not later than 28 days after the receipt, give SEPA a copy of the notice.
(3)Notice under subsection (1) or (2)(a) must be given not later than 28 days after the revocation or (as the case may be) resignation.
(4)Failure by a reservoir manager to comply with the requirements of subsection (1) or (2)(b) is an offence.
(5)A reservoir manager guilty of an offence under subsection (4)—
(a)in relation to a controlled reservoir which is, at the time the offence is committed, designated as a high-risk reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,
(b)in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6)It is a defence to a charge in proceedings for an offence under subsection (4) that the reservoir manager did not receive notice of the engineer’s resignation.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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