# The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015, Paragraph 14: Non-compliance penalties


(1) SEPA may impose a non-compliance penalty on a person who fails to comply with a VMP undertaking which is accepted from the person.
(2) A “non-compliance penalty” is a requirement to pay SEPA an amount calculated in accordance with sub-paragraph (3).
(3) The amount of the non-compliance penalty is to be determined by SEPA and, subject to sub-paragraph (4), must be—
(a) an amount equivalent to 140% of the variable monetary penalty which SEPA would have imposed by final notice had the undertaking not been accepted; or
(b) a lesser amount, where SEPA considers there are exceptional circumstances justifying it.
(4) The maximum amount of the non-compliance penalty that may be imposed in any case is the same as the maximum amount of a variable monetary penalty which would apply in that case in accordance with paragraph 1(4).
(5) Where a decision is taken to impose a non-compliance penalty, SEPA may do so by serving a non-compliance penalty notice.
(6) A non-compliance penalty notice must include information as to—
(a) the grounds for imposing the non-compliance penalty;
(b) the amount of the penalty;
(c) how payment may be made;
(d) the period within which payment must be made;
(e) late payment interest;
(f) rights of appeal; and
(g) the consequences of non-payment.

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Source: https://www.legislation.gov.uk/sdsi/2015/9780111029466/schedule/2/paragraph/14 (the official version)
Page: https://openlegislation.uk/draft-environmental-regulation-enforcement-measures-scotland-order-2015/schedule-2/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.