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The Reservoirs (Scotland) Act 2011 (Restrictions on Disclosure of Information in relation to National Security etc.) Order 2015

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11.—(1) Any person on whom a non-publication notice is served under article 8(1) commits an offence if the person, without reasonable excuse, fails to comply with—

(a)a requirement of the notice; or

(b)article 9, in so far as that article applies in relation to the notice.

(2) A person who commits an offence under paragraph (1) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a term of imprisonment not exceeding 2 years or a fine (or both).

(3) If section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1) is in force on the day on which this Order is made, sub-paragraph (a) of paragraph (2) is to be read, in its application to England and Wales, as if the words “not exceeding the statutory maximum” were omitted.

(4) A person does not commit an offence under paragraph (1) if the person fails to comply with a requirement of the notice or article 9 in order to comply with any duty imposed on the person by virtue of—

(a)the Environmental Information (Scotland) Regulations 2004;

(b)the Freedom of Information (Scotland) Act 2002;

(c)a constable acting in the course of the constable’s duties; or

(d)an order of a court of competent jurisdiction.

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