http://www.legislation.gov.uk/asp/2002/3/section/65/2002-03-01Water Industry (Scotland) Act 2002An Act of the Scottish Parliament to make further provision in relation to the Water Industry Commissioner for Scotland and to provide for the establishment of Water Customer Consultation Panels; to make further provision in relation to the regulation of the quality of drinking water; to make provision for the establishment of Scottish Water, the transfer to Scottish Water of the functions of the water and sewerage authorities established by section 62(1) of the Local Government etc. (Scotland) Act 1994 and the dissolution of those authorities and in relation to the functions of Scottish Water; to make further amendments of the law relating to water and sewerage; and for connected purposes.2002-03-14texttext/xmlenStatute Law Database2026-04-152002-03-01 Part 4 651Section 72 (general provisions as to byelaws) of the 1980 Act is amended as follows.2In subsection (3) (maximum level of penalty), for “level 4” substitute “ level 5 ”.3After that subsection, insert—3ASubject to subsection (3B), proceedings for any offence against such byelaws may be commenced at any time—awithin 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’s knowledge, orbwhere 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.3BNo such proceedings shall be commenced more than 3 years after—athe date of the commission of the offence, orbin the case of a continuing offence, the last date on which the offence was committed.3CSubsection (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 the purposes of that section.3DFor 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 on which 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 evidence of that fact.3EA certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.