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The Reservoirs (Enforcement etc.) (Scotland) Order 2016

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7.  It is a defence to a charge in proceedings for an offence under paragraph 6 for the reservoir manager to show both—

(a)that the failure to comply with the stop notice was as a result of either 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 reservoir manager—

(i)took all practicable steps to prevent an uncontrolled release of water from the reservoir; and

(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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