{
  "url": "https://openlegislation.uk/draft-digital-waste-tracking-scotland-regulations-2026/regulation-18",
  "json_url": "https://openlegislation.uk/draft-digital-waste-tracking-scotland-regulations-2026/regulation-18.json",
  "legislation": "sdsi/2026/9780111064931",
  "legislation_title": "The Digital Waste Tracking (Scotland) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-digital-waste-tracking-scotland-regulations-2026",
  "path": "regulation/18",
  "kind": "regulation",
  "number": "18",
  "heading": "Compliance notices",
  "text": "(1) Where SEPA is satisfied on the balance of probabilities that a person has contravened a requirement specified in paragraph (2) (“a relevant requirement”), SEPA may, in relation to that contravention, impose on that person a compliance notice in accordance with this regulation (“compliance notice”).\n(2) The requirements are—\n(a) regulation (4)(3) (comply with specified steps),\n(b) regulation 6(2)(a) (notify of outage),\n(c) regulation 6(2)(b) (make a written record during outage),\n(d) regulation 6(2)(c) (written record into digital waste tracking system),\n(e) regulation 6(3)(b) (retain and make available outage written record),\n(f) regulation 7(2) (correction of digital waste record),\n(g) regulation 8(3)(b)(i) (make a written record),\n(h) regulation 8(3)(b)(ii) (record digitally excluded number in written record),\n(i) regulation 9(1) (application for digitally excluded number),\n(j) regulation 10(1) (notice of ceasing to be digitally excluded person),\n(k) regulation 10(2) (deadline for giving notice),\n(l) regulation 12 (retain and make available written record).\n(3) Where SEPA is satisfied on the balance of probabilities that—\n(a) a relevant requirement has been contravened by a body corporate, a Scottish partnership or other unincorporated association, and\n(b) the contravention occurred with the consent or connivance of, or was attributable to any neglect on the part of—\n(i) a relevant individual, or\n(ii) an individual purporting to act in the capacity of a relevant individual,\nSEPA may impose a compliance notice on that individual as well as the body corporate, Scottish partnership or other unincorporated association.\n(4) If SEPA is satisfied, on the balance of probabilities, that the contravention of a relevant requirement by a person is due to the act or default of some other person, SEPA may also impose a compliance notice on that other person, whether or not such a compliance notice is imposed on the first-mentioned person.\n(5) Subject to paragraph (6), a compliance notice may not be imposed on a person on more than one occasion in relation to the same contravention of these Regulations, unless the contravention is a continuing act or omission.\n(6) Paragraph (5) does not prevent another compliance notice being imposed on a person under this regulation if any earlier compliance notice imposed on that person in relation to the same act or omission has first been withdrawn.\n(7) Where contravention of a requirement is a criminal offence under these Regulations, SEPA may not impose a compliance notice on a person for contravention of that requirement if SEPA is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.\n(8) A compliance notice must contain information as to—\n(a) the grounds for imposing the notice,\n(b) what steps the person receiving the notice must take and the period within which those steps must be completed,\n(c) the right of appeal under regulation 21(1), and\n(d) the consequences of failing to comply with the notice.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2026/9780111064931/regulation/18",
    "retrieved_at": "2026-10-30T15:28:05.771414+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}