Scottish Statutory Instrument SI 2015/383 Scotland

The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 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.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art001 Citation and commencement
s.art002 Interpretation
Part 2

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art003 The enforcement measures
s.art004 Combination of sanctions
Part 3

3 of 8 sections shown
s.art007 Appeals Regulated
Other duties (1) — Crown / regulator
  • SEPA must prove an offence on the balance of probabilities in appealsStatutory regulator
s.art010 Additional guidance Regulated
Other duties (1) — Crown / regulator
  • SEPA must publish guidance on costs recovery noticesStatutory regulator
s.art011 Publication of enforcement action Regulated
Other duties (1) — Crown / regulator
  • SEPA must publish enforcement action dataStatutory regulator
5 other sections in this Part — procedural and definitional
s.art005 Recovery of payments
s.art006 Withdrawal of notice
s.art008 Powers of the Court
s.art009 Guidance
s.art012 Payment of penalties
Part 4

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.art013 Amendment of the Scottish Land Court Act 1993
s.art014 Amendment of Fees Order
Schedules

Schedules

11 of 35 shown
s.sch001 Late payment penalties Regulated
  • Pay a fixed monetary penalty lateAny Person
s.sch001 Notice of intent Regulated
Other duties (1) — Crown / regulator
  • SEPA must serve notice of intent before imposing fixed monetary penaltyStatutory regulator
s.sch001 Decision to impose fixed monetary penalty Regulated
Other duties (1) — Crown / regulator
  • SEPA must decide whether to impose fixed monetary penalty after representationsStatutory regulator
s.sch001 Payment requirements Regulated
  • Pay fixed monetary penalty within 56 days (or 28 days after appeal)Any Person
s.sch002 Power to impose variable monetary penalties Prosecution
  • Commit environmental offence (variable monetary penalty)Any Person

Fine up to £40,000

s.sch002 Payment requirements for costs recovery notices Regulated
  • Pay costs recovery notice within 56 days or as specified on appealAny Person
s.sch002 Non-compliance penalties Prosecution
  • Fail to comply with a voluntary environmental undertakingAny Person

Unlimited fine

s.sch002 Notice of intent Regulated
Other duties (1) — Crown / regulator
  • SEPA must serve notice of intent before imposing variable monetary penaltyStatutory regulator
s.sch002 Decision to impose a variable monetary penalty Regulated
Other duties (1) — Crown / regulator
  • SEPA must decide on variable monetary penalty after considering representationsStatutory regulator
s.sch002 Costs recovery notices Regulated
Other duties (1) — Crown / regulator
  • SEPA may require you to pay its costs after a variable monetary penaltyStatutory regulator
s.sch003 Contents of an enforcement undertaking Regulated
  • Ensure enforcement undertaking is in writing and contains all required informationAny Person
24 other schedules
s.sch001 Power to impose fixed monetary penalties
s.sch001 Fixed monetary penalties: effect on criminal proceedings etc.
s.sch001 Relevant offences for fixed monetary penalties
s.sch001 Specified amount
s.sch001 Right to make written representations
s.sch001 Final notice
s.sch001 Appeals against a fixed monetary penalty
s.sch002 Appeals against costs recovery notices
s.sch002 VMP undertakings
s.sch002 Inaccurate, incomplete and misleading information
s.sch002 Appeals against non-compliance penalties
s.sch002 Payment requirements for non-compliance penalties
s.sch002 Variable monetary penalties: effect on criminal proceedings etc.
s.sch002 Late payment interest
s.sch002 Relevant offences for variable monetary penalties
s.sch002 Right to make written representations
s.sch002 Final notice
s.sch002 Appeals against variable monetary penalties
s.sch002 Payment requirements for variable monetary penalties
s.sch003 Enforcement undertakings
s.sch003 Relevant offences for enforcement undertakings
s.sch003 Consequences of an enforcement undertaking and certificates of non-compliance
s.sch003 Inaccurate, incomplete or misleading information
s.sch003 Appeal against a certificate of non-compliance

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.