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It is a defence to a charge in proceedings under section 42(1)(d) or (e) for the person to show both—
(a)that the failure to comply with the requirements concerned was as a result of an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen, and
(b)that the person—
(i)took all practicable steps to prevent an uncontrolled release of water from the reservoir,
(ii)took all practicable steps as soon as was reasonably practicable to rectify the failure, and
(iii)provided particulars of the failure to SEPA as soon as practicable after the failure arose.
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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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