2. For paragraph 10(3) of Schedule 4 substitute–
“If Scottish Water–
(a)fails to construct or maintain in good order any such gauge as is mentioned in the Scottish Water (Allt an Lagain) Water Order 2006, or refuses to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by it in connection therewith or to take copies of any such records; or
(b)takes any water contrary to the provisions of the Scottish Water (Allt an Lagain) Water Order 2006,
it shall, without prejudice to its civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subparagraph, on summary conviction to a fine not exceeding level 3 on the standard scale, and, in the case of an offence under paragraph (b) of this subparagraph–
(i)on summary conviction, to a fine not exceeding the statutory maximum; and
(ii)on conviction on indictment to a fine.”.