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SCHEDULE 2Relevant Offences for the Purposes of Section 35 (fines: court to consider financial benefits)

The Water Environment (Controlled Activities) (Scotland) Regulations 2011

20.  An offence under any of the following provisions of the Water Environment (Controlled Activities) (Scotland) Regulations 2011(1)—

(a)regulation 44(1)(a) (breaching prohibition on unauthorised controlled activity);

(b)regulation 44(1)(b) (failure to comply with a general binding rule);

(c)regulation 44(1)(c) (failure to comply with a registration);

(d)regulation 44(1)(d) (failure to comply with a water use licence);

(e)regulation 44(1)(f) (enforcement powers; failure to comply);

(f)regulation 44(1)(j) (failure to comply with an enforcement notice);

(g)regulation 44(1)(k) (failure to comply with an information notice);

(h)regulation 44(1)(l) (false or misleading statements);

(i)regulation 44(1)(m) (false entry in records);

(j)regulation 44(1)(n) (forging or using etc. a document with intent to deceive);

(k)regulation 44(1)(o) (causing or permitting any other person to commit an offence) as it applies in relation to an offence specified in sub-paragraphs (a) to (j) above.

(1)

S.S.I. 2011/209, to which there are amendments not relevant to this Order.