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Water Services etc. (Scotland) Act 2005

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This is the original version (as it was originally enacted).

Enforcement notices: offences

This section has no associated Explanatory Notes

9(1)Any water services provider or sewerage services provider, on whom an enforcement notice has been served, who—

(a)fails to rectify, or (as the case may be) fails to take steps to prevent the recurrence of, a contravention specified in the notice—

(i)by the date specified in relation to the contravention under sub-paragraph (2)(c) of paragraph 8; or

(ii)where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date; or

(b)fails to complete a step specified under sub-paragraph (2)(d) of paragraph 8—

(i)by the date specified in relation to that step under sub-paragraph (3) of that paragraph; or

(ii)where a later date has been substituted for that date under sub-paragraph (11)(b) of that paragraph, by that later date,

is guilty of an offence.

(2)An offence under sub-paragraph (1) may be charged by reference to any day or longer period of time; and a provider may be convicted of a second or subsequent offence under that sub-paragraph by reference to any period of time following conviction for such an offence.

(3)A person who is guilty of an offence under sub-paragraph (1) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on indictment, to a fine.

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