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Regulation 28 Offences

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A water undertaker which applies or introduces any substance or product in contravention of regulation 25(1) or a notice given under regulation 25(4), or uses any process in contravention of a prohibition imposed under regulation 26(1) or without complying with a condition imposed by virtue of regulation 26(2) 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)

In any proceedings against a water undertaker for an offence under paragraph (1) it shall be a defence for that undertaker to show that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

(3)

If any person, in furnishing any information or making any application under regulation 25 or 26, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he 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.

(4)

Proceedings for an offence under paragraph (3) shall not be instituted except by or with the consent of the Secretary of State or the Director of Public Prosecutions.