Part 2Drinking Water Quality Regulator
Public water suppliers: general powers of Regulator
8Power to obtain information
1
The Regulator may serve on a person a notice requiring the person—
a
to provide the Regulator, or a person authorised by the Regulator, at a time and place and in the form and manner specified in the notice, with such information relating to the quality of water supplied by a public water supplier as may be specified or described in the notice, or
b
to produce to the Regulator, or to a person authorised by the Regulator, at a time and a place specified in the notice, any documents relating to that matter which are specified or described in the notice and are in that person’s custody or under that person’s control.
2
A notice under subsection (1) may be served on—
a
the public water supplier,
b
an officer or employee of the public water supplier,
c
any other person whom the Regulator has reason to believe is or may be in possession of relevant information or documents.
3
Nothing in this section authorises the Regulator to require the disclosure of anything which a person would be entitled to refuse to disclose on grounds of confidentiality in proceedings in the Court of Session.
4
References in this section to a document are to anything in which information of any description is recorded; and in relation to a document in which information is recorded otherwise than in legible form, references to producing it are to producing it in legible form.
5
Where by virtue of this section documents are produced to any person, that person may take copies of or make extracts from them.
6
A person who—
a
refuses or fails, without reasonable excuse, to do anything required of that person by a notice under subsection (1), or
b
intentionally alters, suppresses or destroys a document which that person has been required by such a notice to produce,
is guilty of an offence.
7
A person guilty of an offence under subsection (6) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.