OffencesS
35.—(1) It is an offence for Scottish Water to contravene—
(a)regulation 29(1);
(b)a requirement of a notice given to it under regulation 31(3)(d);
(c)regulation 33(1);
(d)a requirement of a notice given to it under regulation 33(7);
(e)a requirement of a notice given to it under regulation 34(1)(b); or
(f)a requirement of a notice given to it under regulation 34(2)(b).
(2) In any proceedings against Scottish Water for an offence under paragraph (1)(a) or (1)(b), it is a defence to show that Scottish Water took all reasonable steps and exercised all due diligence to avoid committing the offence.
(3) It is an offence for a person furnishing information or making an application (for approval) under regulation 33 or 34 to make a statement which that person knows to be false in a material particular, or to recklessly make a statement which is false in a material particular.
(4) A person M1 who commits an offence under paragraph (1) or (3) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
Marginal Citations
M1By virtue of section 5 and section 23(1) of, and Schedule 1 to, the Interpretation Act 1978 (c. 30), “person” includes a body of persons corporate (such as Scottish Water) and unincorporate (such as Scottish partnership or other association).