OpenLegislation

Regulation 37 Offences: general dutiesI1

Scotland

(1)

A person commits an offence if the person fails to comply with—

(a)

regulation 8 (duty to provide information);

(b)

regulation 12(1) (duties in relation to use of unused system);

(c)

regulation 13(1) (duties in relation to use of disused system);

(d)

regulation 16 (duty of care: supplies of water); or

(e)

regulation 17 (duty of care: substances and materials).

(2)

In any proceedings against a person for an offence under paragraph (1), it is a defence to show that the person took all reasonable steps and exercised all due diligence to avoid committing the offence.

(3)

A person who commits an offence under paragraph (1)(a), (b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

A person who commits an offence under paragraph (1)(d) or (e) is liable—

(a)

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

(b)

on conviction on indictment, to a fine.

Annotations

Commencement

I1

Reg. 37 in force at 27.10.2017, see reg. 1(1)