Reservoirs Act (Northern Ireland) 2015

Offences under Part 4

60.—(1) A person who fails, without reasonable excuse, to comply with any of the following requirements under this Part commits an offence—

(a) the requirements of a notice under subsection (3) of section 56 (publication etc. of incident reports and national security) or subsection (5) of that section in so far as subsection (5) applies in relation to the notice,

(b) the requirements of a notice under subsection (6) of section 57 (publication etc. of flood plans and national security) or subsection (8) of that section in so far as subsection (8) applies in relation to the notice,

(c) the requirements of section 58 (maintenance of records),

(d) the requirements of section 59(1) or (6) (display of emergency response information).

(2) A person does not commit an offence under subsection (1) where the person fails to comply with the requirements referred to in paragraph (a) or (b) of that subsection in order to comply with any other duty imposed on the person by virtue of any of the following—

(a) the Environmental Information Regulations 2004,

(b) the Freedom of Information Act 2000,

(c) a constable acting in the course of the constable’s duties,

(d) an order of a court of competent jurisdiction.

(3) A person guilty of an offence under subsection (1)—

(a) in relation to a controlled reservoir which is, at the time the offence is committed, a high-consequence 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.