Paragraph 12 VMP undertakings

(1)

A person on whom a notice of intent to issue a variable monetary penalty is served may offer a VMP undertaking, which SEPA may accept or reject.

(2)

A “VMP undertaking” is an undertaking by the person on whom the notice of intent is served as to action to be taken by that person, within such period as may be specified in the undertaking, for all or any of the following purposes—

(a)

to secure that the position is, so far as possible, restored to what it would have been if the offence had not been committed;

(b)

to benefit the environment to the extent that the commission of the offence has harmed the environment;

(c)

to secure that no financial benefit arising from the commission of the offence accrues to the person.

(3)

A person offering a VMP undertaking must do so in writing within the period for making written representations.

(4)

A VMP undertaking must include—

(a)

information as to—

(i)

the notice of intent to which the undertaking relates;

(ii)

the act or omission giving rise to the relevant offence to which the notice of intent relates;

(iii)

the action to be taken under the undertaking;

(iv)

the period within which that action must be taken; and

(v)

how and when the person is considered to have fulfilled the undertaking; and

(b)

a statement that the undertaking is made in accordance with this Schedule.

(5)

A VMP undertaking accepted by SEPA may be varied (including by extending the period within which the action must be taken) if both parties agree in writing.