# The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015, Paragraph 1: Power to impose variable monetary penalties


(1) SEPA may by notice impose a variable monetary penalty on a person in relation to a relevant offence.
(2) Before doing so SEPA must be satisfied on the balance of probabilities that the person has committed the offence to which the penalty relates.
(3) A “variable monetary penalty” is, subject to sub-paragraph (4), a requirement to pay SEPA a penalty of such an amount as SEPA may in each case determine.
(4) SEPA may not impose a variable monetary penalty that exceeds the following maximum amounts—
(a) in the case mentioned in sub-paragraph (5), the maximum amount of the fine that may be imposed on summary conviction in such a case; and
(b) in any other case, £40,000.
(5) The case is one where the offence in respect of which the variable monetary penalty is imposed is—
(a) triable summarily (whether or not it is also triable on indictment); and
(b) is punishable on summary conviction by a fine (whether or not it is also punishable by a term of imprisonment).

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Source: https://www.legislation.gov.uk/sdsi/2015/9780111029466/schedule/2/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.