Part 1Reservoirs
Chapter 6Other requirements: high-risk reservoirs and medium-risk reservoirs
52Offences: inspection, supervision, record keeping
1
Failure by the reservoir manager of a high-risk reservoir or medium-risk reservoir to comply with any of the following requirements under this Chapter is an offence—
a
the requirements of section 45(1)(a) and 46 (appointment of inspecting engineer and carrying out of required inspections),
b
the requirements of section 45(1)(b) (notice of appointment to SEPA),
c
the requirements of section 48(1) (compliance with direction as to taking of measure in inspection report),
d
the requirements of section 49(1)(a) (appointment of supervising engineer),
e
the requirements of section 49(1)(b) (notice of appointment to SEPA),
f
the requirements of a direction under section 50(4) (compliance with direction of supervising engineer as to carrying out of visual inspection of reservoir),
g
the requirements of section 50(6)(c) (notice of identification of thing which might affect the safety of the reservoir),
h
the requirements of section 51 (including any direction under subsection (3) of that section) (maintenance of record of water levels etc.).
2
A reservoir manager of a controlled reservoir who fails, without reasonable excuse, to comply with the requirements of section 47(2) (giving inspecting engineer copy of final certificate and latest inspection report) commits an offence.
3
A reservoir manager guilty of an offence under subsection (1) or (2)—
a
in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,
b
in relation to a controlled reservoir which is, at the time the offence is committed, a medium-risk reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.