72 General provisions as to byelaws.S
(1)The Secretary of State shall be the confirming authority as respects byelaws made under either of the last two foregoing sections, and the provisions of Part IV of Schedule 1 shall apply to the making and confirming of such byelaws.
(2)It shall be the duty of [F1Scottish Water to enforce such] byelaws, so however that nothing in this subsection shall be construed as authorising [F2Scottish Water] to institute proceedings for any offence against those byelaws.
(3)Any such byelaws may contain provisions for imposing on any person contravening the bylaws a fine, recoverable on summary conviction, not exceeding the sum of [F3[F4level 5] on the standard scale] in respect of each offence, and in the case of a continuing offence a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.
[F5(3A)Subject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—
(a)within 6 months after the date on which evidence sufficient in the opinion of the procurator fiscal to justify the proceedings came to the procurator fiscal’sknowledge, or
(b)where such evidence was reported to the procurator fiscal by Scottish Water, within 6 months after the date on which it came to Scottish Water’s knowledge.
(3B)No such proceedings shall be commenced more than 3 years after—
(a)the date of the commission of the offence, or
(b)in the case of a continuing offence, the last date on which the offence was committed.
(3C)Subsection (3) of section 136(time limit for certain offences) of the Criminal Procedure (Scotland) Act 1995 (c.46) applies for the purposes of this section as it applies for thepurposes of that section.
(3D)For the purposes of subsection (3A), a certificate signed by or on behalf of the procurator fiscal or, as the case may be, Scottish Water, and stating the date onwhich evidence such as is mentioned in that subsection came to the procurator fiscal’s or, as the case may be, Scottish Water’s knowledge shall be conclusive evidenceof that fact.
(3E)A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.]
(4)Any byelaw made under either of the last two foregoing sections shall cease to have effect on the expiration of the period of 10 years beginning with the date on which it was made; but the Secretary of State may by order extend the period during which any such byelaw is to remain in force.
Subordinate Legislation Made
P1S. 72: power previously exercised by S.I. 1981/1801, 1988/327 and 1990/2250.
P2S. 72(4): s. 72(4) power exercised (12.11.1991) by S.I. 1991/2573
S. 72(4): s. 72(4) power exercised (20.11.1991) by S.I. 1991/2639
Textual Amendments
F1Words in s. 72(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 46(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 72(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 46(b) (with s. 67); S.S.I. 2002/118, art. 2(3)
F3Words in s. 72(3) substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G, 289H, Sch. 7D (as inserted by Criminal Justice Act 1982 (c. 48), s. 54, Sch. 6, which Sch. 6 was repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5) and those same words substituted (1.4.1996) by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III
F4Words in s. 72(3) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 65(2) (with s. 67); S.S.I. 2002/118, art. 2(3)
F5S. 72(3A)-(3E) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 65(3) (with s. 67); S.S.I. 2002/118, art. 2(3)