Explanatory Notes

Water Services etc. (Scotland) Act 2005

2005 asp 3

17 March 2005

Commentary on Sections

Schedule 2: Licences and Compliance: Further Provision

Paragraph 9: Enforcement notices: offences

274.Paragraph 9 sets out the sanctions for a water or sewerage services provider, who having been served with an enforcement notice, fails to satisfy the requirements of the notice. Sub-paragraphs (1) and (2) specify that such a failure is an offence and that where a failure recurs subsequently, that too is an offence. Sub-paragraph (3) specifies that the penalties for anyone guilty of these offences are up to the statutory maximum fine (currently £5,000), where convicted by a Sheriff sitting without a jury, or, where convicted by a jury, an unlimited fine.