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.