Scottish Statutory Instrument
2015
Scotland
The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015
At a glance
What's here
14 compliance obligations
Penalty landscape
1 of 14 obligations carry a fine up to £40,000. 2 carry different penalties and 11 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 6
Plus 8 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1
Browse 2 other sections in this Part — procedural / definitional / commencement
Interpretation
Part 2
Browse 2 other sections in this Part — procedural / definitional / commencement
The enforcement measures
Combination of sanctions
Part 3
Appeals
Other duties (1) — Crown / regulator
- SEPA must prove an offence on the balance of probabilities in appeals Statutory regulator
Additional guidance
Other duties (1) — Crown / regulator
- SEPA must publish guidance on costs recovery notices Statutory regulator
Publication of enforcement action
Other duties (1) — Crown / regulator
- SEPA must publish enforcement action data Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement
Recovery of payments
Withdrawal of notice
Powers of the Court
Guidance
Payment of penalties
Part 4
Browse 2 other sections in this Part — procedural / definitional / commencement
Amendment of the Scottish Land Court Act 1993
Amendment of Fees Order
Schedules
Late payment penalties
- Pay a fixed monetary penalty late Any Person
Notice of intent
Other duties (1) — Crown / regulator
- SEPA must serve notice of intent before imposing fixed monetary penalty Statutory regulator
Decision to impose fixed monetary penalty
Other duties (1) — Crown / regulator
- SEPA must decide whether to impose fixed monetary penalty after representations Statutory regulator
Payment requirements
- Pay fixed monetary penalty within 56 days (or 28 days after appeal) Any Person
Power to impose variable monetary penalties
Fine up to £40,000- Commit environmental offence (variable monetary penalty) Any Person
Payment requirements for costs recovery notices
- Pay costs recovery notice within 56 days or as specified on appeal Any Person
Non-compliance penalties
Unlimited fine- Fail to comply with a voluntary environmental undertaking Any Person
Notice of intent
Other duties (1) — Crown / regulator
- SEPA must serve notice of intent before imposing variable monetary penalty Statutory regulator
Decision to impose a variable monetary penalty
Other duties (1) — Crown / regulator
- SEPA must decide on variable monetary penalty after considering representations Statutory regulator
Costs recovery notices
Other duties (1) — Crown / regulator
- SEPA may require you to pay its costs after a variable monetary penalty Statutory regulator
Contents of an enforcement undertaking
- Ensure enforcement undertaking is in writing and contains all required information Any Person
Browse 24 other Schedules — structural / supplementary
Power to impose fixed monetary penalties
Fixed monetary penalties: effect on criminal proceedings etc.
Relevant offences for fixed monetary penalties
Specified amount
Right to make written representations
Final notice
Appeals against a fixed monetary penalty
Appeals against costs recovery notices
VMP undertakings
Inaccurate, incomplete and misleading information
Appeals against non-compliance penalties
Payment requirements for non-compliance penalties
Variable monetary penalties: effect on criminal proceedings etc.
Late payment interest
Relevant offences for variable monetary penalties
Right to make written representations
Final notice
Appeals against variable monetary penalties
Payment requirements for variable monetary penalties
Enforcement undertakings
Relevant offences for enforcement undertakings
Consequences of an enforcement undertaking and certificates of non-compliance
Inaccurate, incomplete or misleading information
Appeal against a certificate of non-compliance
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Civil sanctions | Scottish Environment Protection Agency (SEPA) (opens in a new tab) from SEPA Detailed Guidance
- Reservoirs | Scottish Environment Protection Agency (SEPA) (opens in a new tab) from SEPA Detailed Guidance
- Civil sanctions - Fixed Monetary Penalties and Variable Monetary Penalties for reservoir managers (opens in a new tab) Other
Explore more
Browse legislation
Find other UK business legislation with related guidance.