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

The Water Environment (Controlled Activities) (Scotland) Regulations 201120

An offence under any of the following provisions of the Water Environment (Controlled Activities) (Scotland) Regulations 201153—

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.