27 Power of SEPA to obtain information about land.E+W+S
(1)Where, with a view to performing a function conferred on it by any enactment, SEPA considers that it ought to have information connected with any land, it may serve on one or more of the persons mentioned in subsection (2) below a notice—
(a)specifying the land, the function and the enactment; and
(b)requiring the recipient of the notice to furnish to SEPA, within such period of not less than 14 days from the date of service of the notice as is specified in the notice—
(i)the nature of his interest in the land; and
(ii)the name and address of each person whom he believes is, as respects the land, a person mentioned in subsection (2) below.
(2)The persons referred to in subsection (1) above are—
(a)the occupier of the land;
(b)any person—
(i)who has an interest in the land as owner, creditor in a heritable security or lessee; or
(ii)who directly or indirectly receives rent for the land; and
(c)any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.
(3)A person who—
(a)fails to comply with the requirements of a notice served on him in pursuance of subsection (1) above; or
(b)in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
[F1(4)In subsection (1) above, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]
Textual Amendments
F1S. 27(4) added (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 43(2); S.S.I. 2014/160, art. 2(1)(2)
Modifications etc. (not altering text)
C1S. 27 applied (with modifications) (S.) (26.11.2009) by Flood Risk Management (Scotland) Act 2009 (asp 6), ss. 78, 97(1) (with s. 91); S.S.I. 2009/393, art. 2, sch.