SCOTTISHPOWER was fined #100,000 yesterday after pleading guilty to a breach of health and safety legislation which led to the death of a nine-year-old boy.

Joseph Lewsley was electrocuted as he climbed a tree near his home in Taig Road, Waterside, Kirkintilloch, on March 15 last year.

Glasgow Sheriff Court heard that two power cables, each carrying 6300 volts, passed through the tree even though regulations demanded that its branches be cut back by at least three metres from the overhead lines.

ScottishPower should have inspected the tree annually, but Sheriff Hugh Matthews, QC, heard that a fault in the company's computer system meant that it had not been inspected for four years.

Last night, ScottishPower said it ''deeply regretted'' the accident and pledged to do its utmost to ensure that a similar tragedy could never happen again.

A spokesman said: ''The line hadn't been inspected as regularly as it should have been. It is the first time this has ever happened and we have since tightened up our safety procedures and tree maintenance policy.''

The accident happened in a field at Glenluggie Road, near Joseph's home.

Ms Moira Price, prosecuting, said the youngster went to the wooded area with three friends at about 4.30pm. While his friends played at a burn, Joseph climbed into a tree. But when they shouted at him to come down to look at an eel he failed to reply, and a 12-year-old boy climbed up to see what was wrong.

Ms Price said: ''He could see his friend's arms and feet dangling over a branch and that he was not moving. The boy shouted to his friends below to run for help while

Continued on Page 2

Continued from Page 1

he remained at the scene. An ambulance man climbed into the tree but could find no pulse on the boy, and with the help of firemen the boy was brought down to the ground.''

Joseph was pronounced dead on arrival at Stobhill Hospital. A post mortem showed that he had been electrocuted.

Since the accident, ScottishPower had revised its annual tree trimming programme to ensure clearance from its 30,000 miles of overhead lines.

Sheriff Matthews said it was clear the company had done a lot to minimise the risk of such a tragedy happening again, but added: ''All I can do in a case like this, bearing in mind this is a multi-million pound company, is to impose a substantial penalty.''

A spokesman said: ''ScottishPower has admitted liability for a breach of health and safety regulations outlined in a DTI report. We continually seek ways to improve our procedures and learn from experience, and it should be noted that this was the first-ever accident of its kind involving ScottishPower. We are responsible for some 30,000 miles of overhead line, comprising approximately 300,000 poles in the area of central and southern Scotland, which is predominantly rural. The company will spend #4m next year on tree lopping. We are committed to safety but this was a tragic accident which we deeply regret.''

from experience, and it should be noted that this was the first-ever accident of its kind involving ScottishPower. We are responsible for some 30,000 miles of overhead line, comprising approximately 300,000 poles in the area of central and southern Scotland, which is predominantly rural. The company will spend #4m next year on tree lopping. We are committed to safety but this was a tragic accident which we deeply regret.''