Part 1Reservoirs

Chapter 5Construction or alteration of controlled reservoirs

I142Offences: construction or alteration

1

Failure by the reservoir manager of a controlled reservoir to comply with any of the following requirements under this Chapter is an offence—

a

the requirements in section 33(1) (notice to SEPA of proposed relevant works),

b

the requirements in section 33(2)(a) (appointment of construction engineer),

c

the requirements in section 33(2)(b) (notice to SEPA of the appointment),

d

the requirements in section 36(1) (compliance with direction as to taking of safety measure in safety report),

e

the requirements in section 40 (compliance with preliminary certificate or final certificate).

2

A reservoir manager guilty of an offence under subsection (1)(a), (b) or (c)—

a

in relation to a controlled reservoir which is, at the time the offence is committed, a high-risk reservoir is liable on summary conviction to a fine not exceeding level 5 on the standard scale,

b

in relation to any other controlled reservoir is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

3

A reservoir manager guilty of an offence under subsection (1)(d) or (e) is liable—

a

on conviction on indictment to imprisonment for a term not exceeding 2 years, or to a fine, or to both,

b

on summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.