{
  "url": "https://openlegislation.uk/reservoirs-enforcement-etc-scotland-order-2016/schedule-1/paragraph-7",
  "json_url": "https://openlegislation.uk/reservoirs-enforcement-etc-scotland-order-2016/schedule-1/paragraph-7.json",
  "legislation": "ssi/2016/161",
  "legislation_title": "The Reservoirs (Enforcement etc.) (Scotland) Order 2016",
  "legislation_url": "https://openlegislation.uk/reservoirs-enforcement-etc-scotland-order-2016",
  "path": "schedule/1/paragraph/7",
  "kind": "paragraph",
  "number": "7",
  "heading": "Defence",
  "text": "It is a defence to a charge in proceedings for an offence under paragraph 6 for the reservoir manager to show both—\n(a) that the failure to comply with the stop notice was as a result of either an accident which could not reasonably have been foreseen or natural cause or force majeure which was exceptional and could not reasonably have been foreseen; and\n(b) that the reservoir manager—\n(i) took all practicable steps to prevent an uncontrolled release of water from the reservoir; and\n(ii) took all practicable steps as soon as was reasonably practicable to rectify the failure; and\n(iii) provided particulars of the failure to SEPA as soon as practicable after the failure arose.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 para. 7 in force at 1.4.2016, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/161/schedule/1/paragraph/7",
    "retrieved_at": "2026-10-28T21:24:05.464903+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}