Paragraph 8 Appeals against a fixed monetary penalty
A person on whom a fixed monetary penalty is imposed may appeal against the decision of SEPA to impose it.
The appeal may be made on one or more of the following grounds:—
the decision was based on an error of fact;
the decision was wrong in law;
the decision was unreasonable; or
any other reason.
The grounds on which a person may appeal under this paragraph do not include the ground that SEPA failed to comply with guidance issued to it by the Lord Advocate under section 31(1) of the Act.
An appeal under this paragraph must be made within the period of 28 days beginning with the day on which the final notice under paragraph 7(1) was served.
Where an appeal is made under this paragraph, the fixed monetary penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.