76C Offence of supplying water unfit for human consumption.S
(1)Subject to subsection (4) below, where [F1Scottish Water] supplies water by means of pipes to any premises and that water is unfit for human consumption [F2Scottish Water] shall be guilty of an offence and liable—
(a)on summary conviction to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(2)Where an offence under this section is proved to be attributable to any neglect on the part of an employee of [F3Scottish Water] , he as well as [F3Scottish Water] shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)For the purposes of subsection (2) above, the penalty on conviction on indictment shall include imprisonment (in addition to or instead of a fine) for a term not exceeding two years.
(4)In any proceedings for an offence under this section it shall be a defence to show that—
(a)there were no reasonable grounds for suspecting that the water would be used for human consumption; or
(b)all reasonable steps had been taken and all due diligence exercised for securing that the water was fit for human consumption on leaving the pipes or was not used for human consumption.
Textual Amendments
F1Words in s. 76C(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 51(a)(i) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 76C(1) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 51(a)(ii) (with s. 67); S.S.I. 2002/118, art. 2(3)
F3Words in s. 76C(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(1), Sch. 6 para. 51(b) (with s. 67); S.S.I. 2002/118, art. 2(3)